19 Cal. 629 | Cal. | 1862
—Norton, J. concurring.
This is an action commenced by the plaintiffs as devisees of Adolph Gronfier, deceased, against the surviving partners of the late firm of Gronfier, Jeune & Co., to obtain a settlement of the affairs of the copartnership, a sale of its effects, and a distribution
1. The petition to the Probate Judge, upon which Lies was appointed general guardian, represented that the infant and his parents were at the time citizens and residents of France; and the order appointing Lies was made after notice of the time and place of hearing the petition was given to all persons interested, by publication, pursuant to the direction of the Judge, in a daily newspaper of the city, for the period of five days. The objection taken to the order, and the only objection, is that the notice was insufficient to enable the infant and his parents to learn of the proceedings, and to appear and oppose the same. We do not think
2. As Lies was general guardian, there was no occasion for his special appointment as guardian ad litem in the action. As general guardian he was authorized—indeed, it was his duty—to appear for his ward. The statute declares that the guardian “ shall appear for and represent his ward in all legal suits and proceedings, unless where another person is appointed for that purpose as guardian or next friend.” (Same Act cited above, sec. 16.) The provisions of the Civil Practice Act relating to the appointment of guardians ad litem, where infants are parties, (secs; 9 and 10) only apply where there is no general guardian, or whei'e he does not act. Cases frequently arise where the interests of the minor are best subserved by the special appointment ef a guardian ad litem, even though he may have a general guardian. In such cases the Court would make a special appointment; and the act concerning guardians, to which we have referred, expressly reserves the power of the Court in this respect. (Sec. 11.) But where the Court does not specially appoint for the particular action, the general guardian may appear, and it is his duty to appear for his ward. k
Order affirmed.