ROEBUCK v. PAYNE

40441.

109 Ga. App. 525 (1964)

136 S.E.2d 399

ROEBUCK et al. v. PAYNE.

Court of Appeals of Georgia.

Decided April 2, 1964.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Warner R. Wilson, Jr., Frank Love, Jr., for plaintiffs in error.

Merritt & Pruitt, Glyndon C. Pruitt, contra.


PANNELL, Judge.

1. "Where an infant is a party defendant in a civil action it is ordinarily necessary to the validity of the judgment that the court appoint a guardian ad litem to protect his interests. An estoppel in pais to urge the defense, however, may arise where, as here, the fact of infancy is unknown to the court or the opposing parties, no facts are shown which would reasonably cause them to question the defendant's age, and the defendant, with knowledge...

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