Gaston v. Thompson

Supreme Court of Georgia

Gaston v. Thompson

59 S.E. 799, 129 Ga. 754, 1907 Ga. LEXIS 575

CourtSupreme Court of Georgia

DecidedDecember 20, 1907

StatusPublished

Cited by1 cases

This text of 59 S.E. 799 (Gaston v. Thompson) 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

Gaston v. Thompson, 59 S.E. 799, 129 Ga. 754, 1907 Ga. LEXIS 575 (Ga. 1907).

Pincite

Opinion

Fish, C. J.

1. Wliere a surgeon, at the instance and request of a father, rendered necessary professional services to his minor' child, solely on the credit of the father, the- child having no estate at the time, but subsequently becoming possessed of property for which a guardian was appointed, an equitable action did not lie against the guardian and his ward to subject the property of the latter to the payment of the debt for such services, though the father was insolvent. This ruling is evidently not in conflict with the intimation in Poole v. Wilkinson, 42 Ga. 539, that if necessary medical services were rendered to the ward on the credit of the ward’s estate, and not on the credit of the guardian, equity might, if the guardian were insolvent, grant relief by causing the debt to be paid out of the ward’s property.

2. The petition was properly dismissed on general demurrer.

Judgment affirmed.

All the Justices concur.

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Fish, C. J.

1. Wliere a surgeon, at the instance and request of a father, rendered necessary professional services to his minor' child, solely on the credit of the father, the- child having no estate at the time, but subsequently becoming possessed of property for which a guardian was appointed, an equitable action did not lie against the guardian and his ward to subject the property of the latter to the payment of the debt for such services, though the father was insolvent. This ruling is evidently not in conflict with the intimation in Poole v. Wilkinson, 42 Ga. 539, that if necessary medical services were rendered to the ward on the credit of the ward’s estate, and not on the credit of the guardian, equity might, if the guardian were insolvent, grant relief by causing the debt to be paid out of the ward’s property.

2. The petition was properly dismissed on general demurrer.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

59 S.E. 799, 129 Ga. 754, 1907 Ga. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaston-v-thompson-ga-1907.

Opinion

2. The petition was properly dismissed on general demurrer.

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