Redmond v. Peterson

Citations

• 102 Cal. 595
• 36 P. 923
• 1894 Cal. LEXIS 691

Syllabus

<p>Parties—Guardian of Incompetent Person.—The guardian of an incompetent person is neither a necessary nor a proper party to an action upon a note and mortgage assigned by the incompetent person to the plaintiff.</p> <p>Id.—Service of Summons Upon Incompetent Person—Appearance of General Guardian—Joint Answer—Jurisdiction of Person— Amended Complaint.—The rule that the appointment and appearance of guardians ad litem without a personal service of summons upon the incompetent is void, does not apply where the incompetent person appears by a general guardian; but in such case where the incompetent person appears by attorney, and, jointly with the general guardian, files an answer, and goes to trial upon the issues made by the pleadings, a judgment rendered against him is binding as far as any question of personal 'jurisdiction is concerned, and it is immaterial whether he was brought into the action by an amended complaint rather than by the original, or whether his guardian was wrongfully sued instead of the incompetent person in the original complaint.</p>