Legal Opinion

McMillan v. Hunnicutt

Supreme Court of Georgia

Decided January 30, 1900PublishedCited by 6 opinions

Equitable petition. Before Judge Candler. Fulton superior court.. March term, 1899.

1Opinion of the CourtSimmons, C. J.

1. One of the main propositions argued by-counsel for the plaintiffs was, that a guardian ad litem, duly appointed, could not consent to the trial of an equity ease at the first term of the court. .Section 4848 of the Civil Code authorizes “parties to proceedings for equitable relief” by consent to try cases at the first term. "When infants are brought into a court by proper service, the law presumes that they are incapable of conducting or controlling their side of the case, and therefore wisely provides for the appointment of a guardian ad litem to conduct, control, and direct the case so…

2Cases cited4 opinions

  1. McGowan v. LufburrowSupreme Court of Georgia · 1889
  2. Sharp v. FindleySupreme Court of Georgia · 1884
  3. Doe ex. dem. Foster v. RoeSupreme Court of Georgia · 1857
  4. Cosnahan v. JohnstonSupreme Court of Georgia · 1899

3Cited by6 opinions

  1. Walden v. WaldenSupreme Court of Georgia · 1907
  2. Brinsfield v. RobbinsSupreme Court of Georgia · 1936
  3. Gray v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1928
  4. Byrnes v. Butte Brewing Co.Montana Supreme Court · 1911
  5. Mann v. ShowalterSupreme Court of Georgia · 1916

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