Spooner v. Spooner

Beck, Presiding Justice.

Carl Spooner brought ejectment against both the tenant in possession and the real claimant, a minor. The latter filed a plea in abatement, based on nonjoinder of her guardian, and at the instance of the plaintiff the guardian was made a party defendant. TJpon appeal to the Supreme Court (Spooner v. Spooner, 178 Ga. 105, 172 S. E. 5), it was held to be error to make the guardian a party defendant and to overrule the minor’s plea, without first issuing a rule nisi and requiring service to be made upon such guardian. Following the Supreme Court’s decision service was made…