Hendricks v. McLean
Supreme Court of Missouri
Appeal from Franklin Circuit Court. 1. The court could take no .‘jurisdiction to the prejudice of the infant defendants, until they ■.had been served with process. A guardian ad litem can only be appointed for a party’in court. 2. No decree could be rendered upon the confession of the guardian ad litem without .proof of the allegations of the bill. 3. The infant is entitled to a day to be heard in court.
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Appeal from Franklin Circuit Court. 1. The court could take no .‘jurisdiction to the prejudice of the infant defendants, until they ■.had been served with process. A guardian ad litem can only be appointed for a party’in court. 2. No decree could be rendered upon the confession of the guardian ad litem without .proof of the allegations of the bill. 3. The infant is entitled to a day to be heard in court. It is not material whether process was served upon the infant defendants or not, as the court appointed a guardian ad litem, who appeared and filed ■ an answer for them.
1Opinion of the Court
•Hyland, Judge,
delivered the opinion of the court.
This .was a motion made in the Franklin Circuit Court, to set •aside a decree heretofore made by that court in the case of Elijah McLean vs. William Hendricks, Bernard J. Hendricks, John J. Hendricks, Mary Jane Hendricks, and Sophronia Ann .Hendricks.
The motion is as follows, after naming the case as above :
*33“ Mary Jane Hendricks, by ber attorney and in behalf of her brothers, Bernard J. Hendricks, John J. Hendricks, and her sister, all of whom are minors except herself, moves the court to set aside the decree in this cause for the following…
2Cases cited8 opinions
- Day v. KerrSupreme Court of Missouri · 1842
- Coleman v. ColemanCourt of Appeals of Kentucky · 1835
- Henly ex rel. Marshall v. GoreCourt of Appeals of Kentucky · 1836
- Pope v. LemasterCourt of Appeals of Kentucky · 1824
- Beeler v. BullittCourt of Appeals of Kentucky · 1815
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3Cited by9 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Smoot v. JuddSupreme Court of Missouri · 1904
- Scott v. RoystonSupreme Court of Missouri · 1909
- Shaw v. GregoireSupreme Court of Missouri · 1867
- State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
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