Cunningham v. Davis
Massachusetts Supreme Judicial Court
Actios on Pub. Sts. c. 175, brought on March 15, 1894, in the police court of Gloucester, by the administrator de bonis non of the estate of Oliver G. Lane, against Gideon L. Davis, Frederick M. Davis, and William F. Davis, to recover possession of certain premises in Gloucester. Trial in the Superior Court on appeal, without a jury, before Lilley, J., who allowed a bill of exceptions,, in substance as follows.
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Actios on Pub. Sts. c. 175, brought on March 15, 1894, in the police court of Gloucester, by the administrator de bonis non of the estate of Oliver G. Lane, against Gideon L. Davis, Frederick M. Davis, and William F. Davis, to recover possession of certain premises in Gloucester. Trial in the Superior Court on appeal, without a jury, before Lilley, J., who allowed a bill of exceptions,, in substance as follows. The defendants were the sons of William Davis, who died in 1889 or 1890. The defendant, Frederick M. Davis, was non compos mentis at and before the date of the writ, and so continuing…
1Opinion of the CourtHammond, J.
The rule at the common law was that at least where there had been no adjudication of unsoundness of mind and no guardian or committee appointed and the mental trouble was not shown to be congenital, a non compos defendant of full age in an action at law must appear by attorney, and the failure tp appoint a guardian ad litem was not error. Beverley's ease, 4 Co. 123b. Chit. Pl. (16th Am. ed.) 577. 2 Wms. Saund. 333. King v. Robinson, 33 Maine, 114.
In equity, however, the rule is different, and a guardian ad *218litem should in such case be appointed. Wilson v. Grace, 14 Ves. 172. Dan. Ch. Pl. &…
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