Home/Supreme Court of Georgia/Doe ex. dem. Foster v. Roe

Doe ex. dem. Foster v. Roe

23 Ga. 168
CourtSupreme Court of Georgia
DecidedJune 15, 1857
StatusPublished
Cited by19 cases

This text of 23 Ga. 168 (Doe ex. dem. Foster v. Roe) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe ex. dem. Foster v. Roe, 23 Ga. 168 (Ga. 1857).

Opinion

[170]*170By the Court. —

Lumpkin, J.

delivering the opinion.

It is in proof, that Bethune was duly appointed guardian, ad litem, of the defendant in attachment; and that he accepted the trust. The judgment was, consequently, regular, whether he acted or not. Whether he has made himself responsible to his ward, for failing to act, is not for us to determine.

But concede that the trust was never accepted, still, a judgment against a lunatic is not necessarily void. And a sale under it, by the Sheriff, would be good, and the purchaser protected. Whether the lunatic could follow the proceeds, provided there was no guardian, and she was insane when the judgment was rendered, we will express no opinion.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Collins v. Collins
121 S.E.2d 18 (Supreme Court of Georgia, 1961)
Fulton v. Knight
104 N.E.2d 554 (Appellate Court of Illinois, 1952)
Strickland v. Strickland
39 S.E.2d 483 (Supreme Court of Georgia, 1946)
Renner v. Black
96 P.2d 626 (Supreme Court of Kansas, 1939)
Jernigan v. Radford
185 S.E. 828 (Supreme Court of Georgia, 1936)
Collins v. Gormley
179 S.E. 906 (Court of Appeals of Georgia, 1935)
Perry v. Fletcher
167 S.E. 796 (Court of Appeals of Georgia, 1933)
Burkhalter v. Virginia-Carolina Chemical Co.
156 S.E. 272 (Court of Appeals of Georgia, 1930)
Gray v. Georgia Loan & Trust Co.
143 S.E. 501 (Supreme Court of Georgia, 1928)
Stanfield v. Hursey
136 S.E. 826 (Court of Appeals of Georgia, 1927)
Ward v. Miller
84 S.E. 480 (Supreme Court of Georgia, 1915)
Wilkinson v. Lehman-Durr Co.
43 So. 857 (Supreme Court of Alabama, 1907)
Allen v. Barnwell
48 S.E. 176 (Supreme Court of Georgia, 1904)
McMillan v. Hunnicutt
35 S.E. 102 (Supreme Court of Georgia, 1900)
Tiffany ex rel. Tucker v. Worthington
96 Iowa 560 (Supreme Court of Iowa, 1896)
Withrow v. Smithson
19 L.R.A. 762 (West Virginia Supreme Court, 1893)
Maloney v. Dewey
19 N.E. 848 (Illinois Supreme Court, 1889)
Speck v. Pullman Palace Car Co.
12 N.E. 213 (Illinois Supreme Court, 1887)
Woods v. Brown
93 Ind. 164 (Indiana Supreme Court, 1884)

Cite This Page — Counsel Stack

Bluebook (online)
23 Ga. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-ex-dem-foster-v-roe-ga-1857.