58 So. 441 | Ala. | 1912
This complaint contains a count in ejectment as well as counts in assumpsit, and whether or not such actions can be joined, we are not called upon to determine, for the reason that, while the demurrer Avas for misjoinder, the record fails to disclose a ruling upon same.
Rules 20 and 23, Code of 1907, pp. 1533-1535, provide for the appointment of a guardian ad litem for a minor Avho is sued in chancery, and a decree rendered against said minor either pro confesso or upon the hearing in violation of the rule is irregular and will be reversed upon appeal.—Griffith v. Ventress, 91 Ala. 366, 8 South. 312, 11 L. R. A. 193, 24 Am. St. Rep. 918; Woods v. Transportation Co., 107 Ala. 364, 18 South. 108; Wells v. Mortgage Co., 109 Ala. 430, 20 South. 136; Estes v. Bridgeport, 114 Ala. 221, 21 South. 512. And it may be that a decree so renderéd or rendered by the consent of a. guardian ad litem, if one has been appointed, Avould be subject to a bill of revieAV Avithin the proper time.—Hooper v. Hardie, 80 Ala. 114; Mitchel v. Hardie, 84 Ala. 349, 4 South. 182.
The court had jurisdiction of the person, as the record sIioavs service on the minor and her guardian as
It is next contended by appellant’s counsel that the decree and proceedings in the chancery court was a
The judgment of the county court is affirmed.
Affirmed.