89 Ga. 645 | Ga. | 1892
1. B. Earnest Reese brought an action in the statutory
The allegations present a strong case for relief. It is alleged, among other things, that Benjamin T. Reese is the father of B. Earnest Reese, and that while non compos mentis and being moved by the fraud and undue influence of said Earnest, who is insolvent and a non-resident of the State, he turned over to him for collection and for management of the proceeds, the promissory note which is the subject of the suit here sought to be enjoined; and that said Earnest intends to use the action for the collection of the money for his own benefit, and to carry the money beyond the limits of the State and convert it to his own use in the consummation of his fraudulent purpose. From these allegations it is clear that the petition is not demurrable for want of equity, in so far as the action is brought by the next friend of Benjamin T. Reese for his benefit.
2. The point most strongly insisted upon by counsel for the plaintiff’ in error was, that no suit can be brought in behalf of a lunatic or person von compos mentis, except by a legal guardian appointed after the question of sanity or insanity has been tried by a commission of lunacy as provided by the code, §§1855 et seq. There is no statutory provision, however, which prevents a lunatic who is without a legal guardian from suing by
3. Objections that some of the parties were improper or unnecessary,'or that some of the fact's alleged were superfluous or afforded no cause for relief, or that some of the relief prayed for was inappropriate, were matters for special demurrer at the first term, and on a general demurrer a petition should not be dismissed for these reasons. A demurrer which is merely general should be