Linderholm v. Walker

Citations

• 102 Kan. 684
• 171 P. 603
• 1918 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Approval of Appeal Bond, by Probate Judge. The supreme court cannot require a probate judge to approve an appeal bond which does riot satisfy the probate judge as to its sufficiency, when the judge’s good faith is not challenged.</p> <p>2. Same — Writ Should Not Issue. Some other simple reasons showing why writ of mandamus should not issue, discussed.</p> <p>3. Insane Person — Cannot Conduct Litigation. A person who has been adjudged insane, and who is under guardianship, cannot conduct litigation without the supervision, control, and protection of his guardian.</p> <p>4. Same. When it clearly appears that a person who has been adjudged insane is the plaintiff in an action, and that he is seeking to maintain that, action independently of his guardian and without the approval of the latter, the action should be dismissed.</p>