Gardner v. . Ellis

Superior Court of North Carolina

Gardner v. . Ellis

1 N.C. 154

DecidedJuly 5, 1799

StatusPublished

This text of 1 N.C. 154 (Gardner v. . Ellis) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gardner v. . Ellis, 1 N.C. 154 (N.C. Ct. App. 1799).

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Opinion

The practice of appointing a guardian upon the return of a sci. fa. after service upon the infant, is liable to objection; for as such guardian gives no security, the infant may lose a remedy against him, if he mismanages the defense. We will, however, appoint a guardian for this defense; but it is proper to take notice that hereafter applications should be made to the proper Court for the appointment of guardians before thesci. fa. issues.

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The practice of appointing a guardian upon the return of a sci. fa. after service upon the infant, is liable to objection; for as such guardian gives no security, the infant may lose a remedy against him, if he mismanages the defense. We will, however, appoint a guardian for this defense; but it is proper to take notice that hereafter applications should be made to the proper Court for the appointment of guardians before thesci. fa. issues.

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Bluebook (online)

1 N.C. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-ellis-ncsuperct-1799.