Sherman v. Hannibal & St. Joseph Railroad

1. practice: proof of guardianship. The petition in this case alleged the minority of the plaintiff and the appointment by the probate court of Livingston county of Ellen Sherman ag guardian. The appointment of the guardian is specifically denied in the answer and the record fails to show that any evidence was offered on that subject. Following the decision of this court in the case of Porter v. The Hannibal & St. Joseph R. R. Co., 60 Mo. 160, the judgment must, for this cause, be reversed.

As the case must be retried, it will be proper to make some observations upon the law of the case as…