Cox v. Martin's Heirs

delivered the opinion of the court.* This case is submitted to the court for decision, without argument; reference being made by the counsel of the parties to the arguments used in the case of Maria C. Wilson, tutrix, ads. J. L. Balio, in which judgment has just been pronounced. The difference between the two cases, will be best understood by a short statement of the commencement and proceedings in each.

In the case already adjudged, an action was instituted in the district court, against Mrs. Wilson, as tutrix of her minor children, to cause a judgment against their ancestor, confessed in a…