White v. Williamson, 21320.

• Decision Date: 17 December 1931
• Docket Number: No. 21320.,21320.
• Citation: 161 S.E. 654
• Parties: WHITE . v. WILLIAMSON.
• Court: Georgia Court of Appeals

161 S.E. 654

WHITE .

v.WILLIAMSON.

No. 21320.

Court of Appeals of Georgia,

Division No. 2.

Dec. 17, 1931.

Error from Superior Court, Fulton County; E. D. Thomas, Judge.

Proceedings between Houston White and Ruby Williamson for the appointment of a guardian for a person alleged to be insane or incapable of managing his estate. The superior court entered judgment, denying a mo-tion to dismiss appeal thereto taken by Ruby Williamson from the court of ordinary, and Houston White brings error. Judgment of the superior court reversed.

Houston White and Hooper Alexander, both of Atlanta, for plaintiff in error.

Branch & Howard and Bond Almand, all of Atlanta, and S. J. Smith, Jr., of Commerce, for defendant in error.

Syllabus Opinion by the Court

JENKINS, P. J.

1. Under section 3094 of the Civil Code (1910), in a proceeding in the court of ordinary for the appointment of a guardian for a person alleged to be insane or incapable of managing his own "estate, an appeal to the superior court may be entered on payment of all costs and giving bond and security for all future costs and damages, by "the applicants for a commission, or the person for whom the guardianship is sought, or any friend or relative for him, dissatisfied with the return of the committee." This provision of the statute does not authorize a relative of the person for whom the guardianship is sought to enter an appeal from the judgment of the ordinary in his own name, even though such relative may be an "objector" in the ex parte proceeding, but the appeal, if made by one other than the applicant, must be entered by the person for whom the guardianship is sought, or by some friend or relative for him and in his name.

2. Where an appeal to the superior court from a proceeding in the court of ordinary for the appointment of a guardian was entered, not by a party to the proceeding, but by a relative of the person for whom the guardianship was sought, "as next friend and on behalf of herself as such relative and as objector in the proceeding, " but where the appeal bond was given only in the name of such relative as principal in her individual capacity, the appeal was invalid and subject to dismissal, for the reasons that no bond whatever was given by or in behalf of the person for whom the guardianship was sought, and that the relative executing such bond as principal had no right to file such appeal in her own behalf. Nor could the bond be amended by striking the name of the relative as an individual...