Superior Court of North Carolina, 1799

Gardner v. Heirs of Ellis

Gardner v. Heirs of Ellis
Superior Court of North Carolina · Decided March 15, 1799 · Moore
1 N.C. 106
Gardner v. Heirs of Ellis

Opinion of the Court

Moore, J.

The practice of appointing a guardian upon the return of a sci : fa: after service upon the infant, is liable to objection : for as such guardian gives no security, the infant may lose a remedy against him, if he mismanages the defence. We will, However, appoint a guardian for this defence ; but it is proper to take notice, that hereafter, applications should be made to the proper court, for the appointment of guardians, before the fci: fa: issues.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.