37 Ala. 496 | Ala. | 1861
That all adult person, .who is of unsound mind, can become liable by implied contract, for necessaries suitable to his estate and condition in life, is a proposition upheld alike, by reason and authority. — Chitty on Con.
The circuit court did not err in refusing to appoint a guardian ad litem for the defendant, nor in refusing to allow the plaintiff to proceed with the proof in his cause, in the absence of counsel for the defendant. But, in refusing to allow the plaintiff to proceed, “unlesshe would first have a guardian appointed! by the probate court, and notify such guardian of the pendency of the suit,” the circuit court erred. The defendant was an adult; and it was the right of the plaintiff to proceed, after having an attorney appointed for the defendant.
A rule is ordered to the judge presiding in the circuit court of Autauga county, to show cause why a mandamus shall not issue, to. compel the appointment of an attorney for the defendant.