Legal Opinion

Bull v. Dagenhard

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 3 opinions

Error to the Circuit Court of Attala County. Hon. William Cothran, Judge. The case is stated in the opinion of the court. 1. Admitting that J. H. Mullen had not qualified as guardian at the time the suit was instituted, the letters show that before the term of court to which the summons was returnable he had qualified.

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Error to the Circuit Court of Attala County. Hon. William Cothran, Judge. The case is stated in the opinion of the court. 1. Admitting that J. H. Mullen had not qualified as guardian at the time the suit was instituted, the letters show that before the term of court to which the summons was returnable he had qualified. And it was the duty of the defendants to have taken advantage of Mullen’s not being guardian, at the institution of the suit, by plea in abatement, or by application to the court at the appearance term. The defendants cannot now be heard to deny Mullen’s right to sue as…

1Opinion of the CourtSimrall, C. J.

This action of ejectment was brought by J. H. Mullen, the guardian of the infants Mary L. Boss and Louisa E. Boss.

Mullen’s death was suggested, and motion made by J. H. Bull for leave to continue the suit in his name, he having-been appointed guardian, the successor of Mullen. The application was refused, and the suit was dismissed.

We construe the agreement of counsel as submitting to the court the effect of the death of Mullen on this litigation’, and the rights of Bull to be admitted to prosecute the suit. The court was of opinion (we infer) that Mullen could not sue in ejectment as…

2Cases cited2 opinions

  1. Porter v. BleilerNew York Supreme Court · 1853
  2. Klaus v. StateMississippi Supreme Court · 1877

3Cited by3 opinions

  1. Jackson v. CountsSupreme Court of Virginia · 1906
  2. Weir v. MonahanMississippi Supreme Court · 1889
  3. Columbia Mut. Life Ins. v. JonesMississippi Supreme Court · 1931

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