Shattuck v. Wolf

Citations

• 72 Kan. 366
• 83 P. 1093
• 1905 Kan. LEXIS 353

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Suit by a, Guardian — Attainment of Majority — Discharge—Abatement—Substitution of Parties. To secure a loan of his wards’ money a guardian took a note and mortgage in his own name, with the descriptive word “guardian” annexed. Afterward, for the benefit of the wards, he brought suit to collect the note and to foreclose the mortgage, using, however, the same name and addition in designating the plaintiff and in stating the cause of action. Pending the suit the wards became of age, and the guardian was discharged. The wards moved to be substituted as plaintiffs in the suit, stating the facts and claiming title to the paper. The guardian voluntarily submitted to a trial before the court of the issues tendered by the motion, with the result that the substitution was ordered. Held: (1) The suit did not abate when the wards became of age and the guardian was discharged, and revivor was neither necessary nor proper. (2) The wards were entitled to be substituted as plaintiffs in the suit in place of the guardian. (3) The proceedings for substitution were properly instituted by motion; and the court had jurisdiction to hear and determine, without further pleadings and without a jury, the facts presented by the motion. (4) The guardian waived all objections to the form of the proceeding, and is concluded by the result, except for trial errors reviewable as in other civil cases.</p>