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Bell v. Bannister

BELL Et Al. v. BANNISTER Et Al.

Bell v. Bannister, 101 So. 653 (Ala. 1924)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
October 23, 1924
Docket
No. 7 Div. 477.
Judges
Bouldin, Anderson, Somerville, Thomas
Citations
101 So. 653212 Ala. 311924 Ala. LEXIS 75

Opinion of the Court — Bouldin

BOULDIN, J.

The suit is statutory ejectment. Some of the defendants are infants. They have no general guardian. No guardian ad litem was appointed to represent them on the trial. The issues involved their title to the land sued for.

A judgment against infants brought within the jurisdiction of the court by proper service of process is not void and subject to collateral attack for want of a general guardian or guardian ad litem to represent and protect their interests; but such judgment is erroneous and subject to reversal on appeal.

The fact that their mother was a co-defendant, entered a plea of not guilty for them, set up their title, and probably produced all the evidence which a guardian could have produced, will not suffice. They “must be defended by a guardian of the appointment of the court.” .Such is the plain mandate of the law. Code 1907, § 2476; Id., § 4482; Levystein Bros. v. O’Brien, 106 Ala. 352 , 17 So. 550 , 30 L. R. A. 707, 54 Am. St. Rep. 56 ; Conway v. Clark, 177 Ala. 99 , 58 So. 441 ; Crowder v. Arnett, 193 Ala. 470 , 68 So. 1005 ; Hamilton v. Tolley, 209 Ala. 533 , 96 So. 584 ; Griffith v. Ventress, 91 Ala. 366 , 8 So. 312 , 11 L. R. A. 193, 24 Am. St. Rep. 918 .

For this error the court below properly granted the motion for a new trial.

Affirmed.

ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1934: 11951: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. Jones v. Henderson153 So. 214 (Ala. 1934)
  2. Doss v. Terry54 So. 2d 451 (Ala. 1951)

Most recent

  1. Doss v. Terry54 So. 2d 451 (Ala. 1951)
  2. Jones v. Henderson153 So. 214 (Ala. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Hamilton v. Tolley, 96 So. 584 (Ala. 1923) 15
Conway v. Clark, 58 So. 441 (Ala. 1912) 9
Crowder v. Doe ex dem. Arnett, 68 So. 1005 (Ala. 1915) 7
Griffith v. Ventress, 91 Ala. 366 (1890) 24
Levystein Bros. v. O'Brien, 106 Ala. 352 (1894) 15

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