Copeland v. Yoakum's Adm'r
Supreme Court of Missouri
Appeal from Polk Circuit Court. The judgment should have been set aside, because the plaintiff in error at the time of the rendition of the judgment was an infant, and did not appear to the suit by guardian— Powell v. Gott, 13 Mo. 458 ; Randalls v. Wilson, 24 Mo. 76; Thornton v. Thornton, 27 Mo. 302; Rush v. Rush, 19 Mo. 441. Infants must defend by guardian'; they cannot appear by attorney.
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Appeal from Polk Circuit Court. The judgment should have been set aside, because the plaintiff in error at the time of the rendition of the judgment was an infant, and did not appear to the suit by guardian— Powell v. Gott, 13 Mo. 458 ; Randalls v. Wilson, 24 Mo. 76; Thornton v. Thornton, 27 Mo. 302; Rush v. Rush, 19 Mo. 441. Infants must defend by guardian'; they cannot appear by attorney. Plaintiff must see that infant defendants appear by guardian; and if they do not so appear, must have guardian appointed — 5 Bac. Abr. 148-9; Bing on Inf. 123-4; R. C. 1855, p. 1220, § 8. If judgment shall…
1Opinion of the CourtHolmes, Judge
■ This was a petition in the nature of a bill in equity to enforce the specific performance of a contract, and to compel the personal representatives of the deceased party to accept satisfaction of a mortgage debt, and to discharge the mortgage and relinquish the possession of the land and property mortgaged, and for an account. The plaintiff had contracted with George Yoakum in his lifetime to build certain mills on the plaintiff’s land, and for the purpose of securing full payment according to the contract had conveyed the land, mills and other property to him by an absolute deed, and taken…
2Cases cited4 opinions
- Wilson v. DrumriteSupreme Court of Missouri · 1855
- Riley's Administrator v. McCord's AdministratorSupreme Court of Missouri · 1855
- Randalls v. WilsonSupreme Court of Missouri · 1856
- Tibeau v. TibeauSupreme Court of Missouri · 1855
3Cited by4 opinions
- Hall v. MorganSupreme Court of Missouri · 1883
- Morgan v. MorganMissouri Court of Appeals · 1956
- State ex rel. Gilbreath v. BunceSupreme Court of Missouri · 1877
- Sharkey v. SharkeySupreme Court of Missouri · 1871