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Gustafison v. Ericksdotter

Johanna Gustafison v. Sophia Ericksdotter

Gustafison v. Ericksdotter, 37 Kan. 670 (1887)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
July 15, 1887
Judges
Clogston
Citations
37 Kan. 670
Cited by 2
Headnotes
Demubbeb, Erroneously Sustained. Where a civil action is brought by a plaintiff without a guardian, and the defendant alleges that the plaintiff is a person of unsound mind, and a demurrer is sustained to said answer, held, that said demurrer is erroneously sustained.
Summary
Error from Clay District Court. This was an action brought by the defendant in error to partition a tract of land situated in Clay county, Kansas, alleged to be owned in common by the plaintiff and defendant. The defendant below, plaintiff here, alleged in answer to the plaintiff’s petition, among other things, “ that the plaintiff is a person of unsound mind, and incapable of managing her own affairs; and that she resides in Sweden, and has no guardian in this state; and that the attorney, C. C. Coleman, who brought the suit for the plaintiff, had no authority from her to bring the same; and that plaintiff has not sufficient capacity to employ an attorney, or to make a valid contract, owing to her imbecility.” To this answer plaintiff demurred, and for reason alleged that the said answer did not state facts sufficient to constitute any defense to plaintiff’s action. At the May Term, 1886, said demurrer was by the court sustained. The defendant now complains of this ruling, and brings the case here for review.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clogston

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Opinion by Clogston, C.:

The only question is, did the court err in sustaining the demurrer to the defendant’s answer ? This question brings up the inquiry, can a person of unsound mind bring an action without a guardian or next friend being joined as plaintiff? We think not. Our statutes provide who shall prosecute and defend actions for and against persons of unsound mind. Section 18, ch. 60, Compiled Laws of 1885, is as follows:

“ It shall be the duty of every such guardian to prosecute *671 and defend all actions instituted in behalf of or against his ward, to collect all debts due or becoming due to his ward, and give acquittances or discharges therefor, and to adjust, settle and pay all demands due or becoming due from his ward, so far as his effects and estate will extend, as hereinafter provided.”

The defendant’s answer clearly raises the question of insanity, and the demurrer of the plaintiff admits the allegations to be true. Plaintiff, then, being admitted to be a person of unsound mind, has no capacity to bring this action; and what she cannot in person do, she cannot direct or employ an attorney to do for her. The court erred in sustaining the demurrer.

It is therefore recommended that the cause be reversed, and remanded with the order that the court overrule said demurrer.

By the Court:' It is so ordered.

All the Justices concurring.

How later courts describe this case

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

Cited by 2 cases

View all citing references →
1926: 11939: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Talbot v. Wulf251 P. 438 (Kan. 1926)
  2. Rodenberg ex rel. Bachman v. Rodenberg86 P.2d 580 (Kan. 1939)

Most recent

  1. Rodenberg ex rel. Bachman v. Rodenberg86 P.2d 580 (Kan. 1939)
  2. Talbot v. Wulf251 P. 438 (Kan. 1926)

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.

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