Jensen v. Martinsen

The plaintiff’s petition, as amended, asserted that in 1935 the defendant, purporting to act as guardian, commenced an action at law on a note of $700 against the plaintiff and two others, resulting in a default judgment on October 23, 1935; that the application for appointment of the guardian was insufficient to give the court jurisdiction of the subject matter; there was no valid notice served on the alleged incompetent; defendant at most was a temporary-guardian and had no legal authority to sue on the note; the note was not presented to the clerk for cancellation until eight days after…