124 Ga. 859 | Ga. | 1906
(After stating the facts.)
The rule was long since announced that a suit brpught against a minor should be defended in his own name, but that a guardian ad litem should tbe appointed for him; and that this power of appointment was one incident to the court. Nicholson v. Wilborn, 13 Ga. 467; Oliver v. McDuffie, 28 Ga. 522; Jack v. Davis, 29 Ga. 219; Kilpatrick v. Strozier, 67 Ga. 247; Burnett v. Summerlin, 110 Ga. 349. Under the act of 1854 (Civil Code, §§4863, 4864), authorizing the judges of the superior courts in chambers, upon petition, to change trustees or order a sale of trust property, etc., and providing that if minors were interested and had no guardians,
Judgment affirmed.