Holcombe v. Lastinger

Court of Appeals of Georgia

Holcombe v. Lastinger

167 S.E. 605, 46 Ga. App. 320, 1933 Ga. App. LEXIS 46

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1933

Docket22538

StatusPublished

Cited by3 cases

This text of 167 S.E. 605 (Holcombe v. Lastinger) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holcombe v. Lastinger, 167 S.E. 605, 46 Ga. App. 320, 1933 Ga. App. LEXIS 46 (Ga. Ct. App. 1933).

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Opinion

Broyles, O. J.

1. The guardian of a lunatic or an imbecile is entitled to retain possession and control of his ward’s property so long as the ward remains mentally incompetent, unless his letters of guardianship be revoked and another guardian appointed; and an action by an ordinary, suing as next friend of the ward, upon the guardian’s bond, for a devastavit committed by the guardian, can not be maintained, unless in connection therewith a proceeding be brought to remove the guardian and revoke his letters. Bonner v. Evans, 89 Ga. 656 (3) (15 S. E. 906).

[321]*321Decided January 27, 1933. J. W. Butler, J. A. Merritt, John B. Odum, for plaintiff. Wilcox, Connell & Wilcox, for defendants.

2. Applying the foregoing ruling to the facts of the instant ease, the court did not err in dismissing the amended petition upon general demurrer.

Judgment affirmed.

MacIntyre amd Guerry, JJ., concur.

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Broyles, O. J.

1. The guardian of a lunatic or an imbecile is entitled to retain possession and control of his ward’s property so long as the ward remains mentally incompetent, unless his letters of guardianship be revoked and another guardian appointed; and an action by an ordinary, suing as next friend of the ward, upon the guardian’s bond, for a devastavit committed by the guardian, can not be maintained, unless in connection therewith a proceeding be brought to remove the guardian and revoke his letters. Bonner v. Evans, 89 Ga. 656 (3) (15 S. E. 906).

[321]*321Decided January 27, 1933. J. W. Butler, J. A. Merritt, John B. Odum, for plaintiff. Wilcox, Connell & Wilcox, for defendants.

2. Applying the foregoing ruling to the facts of the instant ease, the court did not err in dismissing the amended petition upon general demurrer.

Judgment affirmed.

MacIntyre amd Guerry, JJ., concur.

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Bluebook (online)

167 S.E. 605, 46 Ga. App. 320, 1933 Ga. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holcombe-v-lastinger-gactapp-1933.

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