McDermott v. Thompson

Citations

• 29 Fla. 299

Syllabus

<p>Minors — How Made Parties in Equity.</p> <p>1. Where minors are to be made parties defendant in a suit in equity, subpoena should be issued to such minors and regularly served upon them in the presence of their legal guardian, or in the presence of the person who has the present care and custody of them. Then a guardian ad litem for such miners should be appointed by an order of the court; and such guardian ad litem should also be served with subpoena in the cause.</p> <p>2. Where a stranger to the cause interposes any pleading in an equity suit, for and on behalf of minors interested in t-he issues thereof, as their guardian ad litem, and the record fails to show that such party has ever been appointed or authorized by the court to act in said cause as such guardian ad litem, all the pleadings so interposed by such stranger are nugatory and do-not bind such minors ; and all orders and proceedings in said cause predicated upon such pleading -will be set aside as void.</p>