Legal Opinion

Michalson v. Roundtree

Supreme Court of South Carolina

Decided March 1, 1898PublishedCited by 17 opinions

Before Townsend, J., Barnwell, March, 1897. Petition by E. A. Roundtree, by guardian ad litem, to have judgment vacated in Michalson v. Roundtree. Judgment vacated. Plaintiff appeals. cites: Code, 195; 47 S. C., 393; 16 S. C., 617. cite: No jtirisdiction of lunatic by guardian ad litem: 1 Bail. Eq., 115; 6 How. Pr., 194. On main question: Code, 195; 15 S. C., 614; 64 N. W., 73; 14 S. C., 331; 47 S. C., 393.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

This is an appeal from an order of his Honor, Judge D. A. Townsend, setting aside the judgment in the case above stated. The proceeding to vacate the judgment was commenced by a petition of E. A. Roundtree, by her guardian ad litem, in the original case in which the judgment was obtained. The petition, filed 23d of February, 1897, alleges: 1. “That the said E. A. Roundtree has been all of her life a person of very weak mind, almost an idiot, and for several years past had been so bereft of reason and of mental capacity as to be…

2Cases cited1 opinion

  1. Taylor v. . PopeSupreme Court of North Carolina · 1890

3Cited by17 opinions

  1. Eager v. DerowitschWyoming Supreme Court · 1951
  2. Lee v. PeekSupreme Court of South Carolina · 1962
  3. Duncan v. DuncanSupreme Court of South Carolina · 1913
  4. Fred Andres & Co. v. SchlueterSupreme Court of Iowa · 1908
  5. Ward v. MILLERSupreme Court of South Carolina · 1956

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