Drake v. Hanshaw
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Action to enjoin the enforcement of a judgment rendered by a justice of the peace, and to annul the same. The plaintiff is a minor. In the action in which judgment was rendered against him by the justice he appeared personally and by attorney, but not by regular guardian, and no guardian acl litem was appointed. After verdict he moved in arrest of judgment on the ground that he was a minor, and the motion was overruled.
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Appeal from Wapello Circuit Court. Action to enjoin the enforcement of a judgment rendered by a justice of the peace, and to annul the same. The plaintiff is a minor. In the action in which judgment was rendered against him by the justice he appeared personally and by attorney, but not by regular guardian, and no guardian acl litem was appointed. After verdict he moved in arrest of judgment on the ground that he was a minor, and the motion was overruled. No motion was made to set aside the judgment, nor appeal taken. The court below granted an injunction to restrain the enforcement of the…
1Opinion of the CourtAdams, J.
i. judgment: junction. ln The defense of a minor must be by his regular guardian or by a guardian appointed to defend him, where no regular guardian appears. No judgment can be rendered against a'minor until after a defense by a guardian. Code, § 2566. In this case a judgment was rendered, and there was no defense by a guardian. It is claimed, therefore, by the appellant that the judgment is void. The court, however, had jurisdiction of the person of the defendant, and of the subject matter of the action, and we think that the failure to appoint a guardian ad litem was a mere irregularity,…
2Cases cited5 opinions
- Barber v. GravesSupreme Court of Vermont · 1846
- Starbird v. MooreSupreme Court of Vermont · 1848
- Timmons v. TimmonsIndiana Supreme Court · 1854
- Ware v. BrushU.S. Circuit Court for the District of Ohio · 1839
- Dean v. McFaulSupreme Court of Missouri · 1856
3Cited by9 opinions
- Gibbons v. BeltSupreme Court of Iowa · 1948
- Rice ex rel. Jones v. BoltonSupreme Court of Iowa · 1905
- Hoover v. Kinsey Plow Co.Supreme Court of Iowa · 1881
- Reints v. EngleSupreme Court of Iowa · 1906
- Trolinger v. CluffIdaho Supreme Court · 1936
4 more not listed; retrieve them via the Exa API.