Clarke v. Knight

Citations

• 84 Fla. 468

Syllabus

<p>1. When a summons in chancery under Chapter 7838 Laws of 1919 is in due form and served upon the defendant who appears specially for the purpose of attacking the summons or the service of it, the defendant is required to make the motion to quash the writ or the service before the rule day upon which, under the statute, he is required to plead, answer or • demur to the bill.</p> <p>2. Section 25C2, Revised General Statutes, which provides that an infant may sue by next friend and in all cases whatsoever idiots and lunatics by their guardians does not apply to persons of unsound mind before they are adjudged to be insane.</p> <p>3. An aged person, who because of infirmities of age or other physical weakness is of unsound mind and not capable of understanding the nature and effect of her business transactions, may sue by next friend appointed by the court for relief against her improvident contracts into which she may have been misled to her injury.</p> <p>4. When a suit in equity is brought by an aged person alleged to be of unsound mind but who has not been adjudged to be a lunatic, and a next friend has been appointed by the court to conduct such suit and during the pendency of the suit such person is adjudged to be a lunatic and a guardian ,of her person and estate appointed, such guardian has no control of the • suit begun by the next friend and should take no part in it.</p> <p>5. The guardian of an insane person who was adjudged to be insane after she had by a next friend duly appointed, commenced a suit in equity for relief against contracts to her injury into the making of which she is alleged to have been misled, will not be permitted to waive the rights of h-is ward in such litigation and control the suit instituted in her behalf.</p>