Ingersoll v. Harrison

The plaintiff sued defendant by summons personally served, whereupon Sarah J. Harrison, appearing as defendant’s guardian, joined with him in pleading in abatement of the service that at the time of its occurrence he was under guardianship as an insane person. The plaintiff demurred, but the court sustained the plea and quashed both service and process.

The sole question raised is whether the existence of the guardianship took away the defendant’s legal capacity to be served with the summons, and we think it did not. He continued liable to suits and liable to notification of their institution.…