Doe ex. dem. Foster v. Roe
Cases that cite this one
16 later published cases cite this decision.
- Withrow v. Smithson (W. Va. 1893)
- Collins v. Collins (Ga. 1961)
- Fulton v. Knight (Ill. App. Ct. 1952)
- Strickland v. Strickland (Ga. 1946)
- Renner v. Black (Kan. 1939)
- Jernigan v. Radford (Ga. 1936)
- Collins v. Gormley (Ga. Ct. App. 1935)
- Perry v. Fletcher (Ga. Ct. App. 1933)
- Burkhalter v. Virginia-Carolina Chemical Co. (Ga. Ct. App. 1930)
- Gray v. Georgia Loan & Trust Co. (Ga. 1928)
- Stanfield v. Hursey (Ga. Ct. App. 1927)
- Wilkinson v. Lehman-Durr Co. (Ala. 1907)
- Allen v. Barnwell (Ga. 1904)
- Tiffany ex rel. Tucker v. Worthington (Iowa 1896)
- Maloney v. Dewey (Ill. 1889)
- Woods v. Brown (Ind. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivering the opinion.
It is in proof, that Bethune was duly appointed guardian, ad litem, of the defendant in attachment; and that he accepted the trust. The judgment was, consequently, regular, whether he acted or not. Whether he has made himself responsible to his ward, for failing to act, is not for us to determine.
But concede that the trust was never accepted, still, a judgment against a lunatic is not necessarily void. And a sale under it, by the Sheriff, would be good, and the purchaser protected. Whether the lunatic could follow the proceeds, provided there was no guardian, and she was insane when the judgment was rendered, we will express no opinion.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.