Dixon v. Gries

Citations

• 106 Cal. 506
• 39 P. 857
• 1895 Cal. LEXIS 635

Syllabus

<p>Parties—Substitution of Guardian of Insane Plaintiff.—Where, after the commencement of an action, the plaintiff has become insane, it is error to substitute his guardian as sole plaintiff, but the suit should be prosecuted in the name of the plaintiff, as an insane person, by his guardian.</p> <p>Id.—Effect of Appointment of Guardian.—The appointment of a guardian of an insane person does not vest in him a cause of action in favor of the insane person, nor deprive the latter of his right or property therein.</p> <p>Id.—Demurrer to Complaint—Support of Judgment.—The complaint must show a cause of action in the plaintiff, and, if it does not, a general demurrer will lie, and a judgment in favor of the plaintiff cannot be supported.</p> <p>Id.—Order Substituting Guardian—Dismissal of Action.—An order substituting the guardian of an insane plaintiff, though erroneous, is not intended as a dismissal of the action as to the incompetent plaintiff, and should not be given that effect.</p>