Ashe v. Young

Citations

• 68 Tex. 123
• 3 S.W. 454
• 1887 Tex. LEXIS 651

Syllabus

<p>1. Guardian ad'litem.—When a court has acquired jurisdiction over the persons of minor defendants, though a judgment rendered against them when no guardian ad litem has been appointed to represent them, would not be void, yet a due administration of justice would require its reversal on appeal.</p> <p>2. Costs—Statute Construed.—The statute (Revised Statutes, article 2437) provides that “ each party to a suit shall be liable for all costs incurred by him, and in case the costs can not be collected of the party against whom the same have been adjudged, execution way issue against any party in said suit for the amount of costs incurred by such party, but no more.” In a suit brought against minors who owned no property from which costs could be collected, and for whose defense a guardian ad litem had been appointed, held:</p> <p>(1) That the costs incurred as compensation for the services of the guardian ad, litem, was the result of the suit brought by the plaintiff, and after the return of nulla bona on an execution against the minors, an execution to collect it could properly issue against the plaintiff.</p> <p>(2) The plaintiff would not be liable for the costs due the clerk or sheriff, or for witness fees incident to the minors’ defense.</p> <p>(3) In the absense of a statute, equity would in some cases allow compensation to a guardian ad litem, to be taxed as costs and charged to the successful party in the cause.</p>