Stafford v. Superior Court

PRESTON, J.

This proceeding in mandate involves the following facts:

Subsequent to a final judgment of the superior court in favor of S. Morton Cohn, in an action against Lillian E. Cohn, annulling the marriage contract between said parties on the ground of insanity of-the wife at the time of said marriage, petitioners, who are attorneys at law, at the instance of the guardian

ad litem

of the incompetent, her sister, sought by motion to set aside said decree of annulment, and the property settlement made in connection therewith, for fraud in its procurement. This motion was denied. Petitioners conducted an appeal from the order denying said motion, prepared a record and filed an opening brief. Pending the appeal the incompetent died. Her administratrix, another sister, realizing the change which the death had wrought in the situation, had herself made a party to said proceeding and promptly dismissed the appeal.

When said annulment decree was entered, the husband made a property settlement for the benefit of the incompetent wife, which the court directed to be paid over to her general guardian. Petitioners did not represent the incompetent during this period. At the time petitioners were employed, respondent court had not, nor has it ever since had, any funds or property in its custody or control belonging to the incompetent or to her estate. Petitioners sought in a summary hearing had in said cause to have respondent court fix their compensation for services rendered said guardian

ad litem.

This the court refused to do, holding that it was without jurisdiction in the premises. This proceeding was then instituted" in the District Court of Appeal to compel respondent court to take jurisdiction of the application and dispose of it on its merits. The District Court of Appeal gave its decision and judgment in the matter and the cause was later transferred to this court.

Notwithstanding the fact that petitioners, in good faith, rendered services of considerable magnitude, we see no way of giving relief to them in this proceeding. As the services were not rendered to secure necessities, not even

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