Johnson v. Janes

Decided January 15, 1871

Supreme Court of Georgia · decided 1871-01-15

<p>GUARDIAN AND WARD—PARTIES TO ACTION.*—Where a bill is filed by a ward, through her prochein ami, against her guardian, and it appears from the facts of the bill that the matter of complaint is against the guardian for disposing of her property unlawfully:</p> <p>■ Held, That a Court of Equity has jurisdiction of the subject-matter, and such wax'd may institute suit against her guardian by her next friend for the ^assertion and vindication of her rights in the premises.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

How this case has been cited

Cited by 3 later decisions — most recently May 1964

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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COCHRANE, C. J.

¶1The record in this case presents but a single point for adjudication. Janes, the defendant, is the guardian of Margaret Johnson, and was such at the time of the institution of the suit. The Court dismissed the bill filed by her next friend against him, in which she avers sufficient equity *598to otherwise sustain her case, upon the sole ground that, having a guardian, she could not bring suit by prochein ami against her guardian.

¶2We will not go into the merits of the case, but will dispose of the question made, by holding that the Judge committed error.

¶3Judgment reversed.