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Judgment
Reginald Roe, J.—The only point for decision in this case is whether it having been brought to the notice of the Court trying an action that one of the defendants in the action was of unsound mind, and the Court having nevertheless insisted upon going on with the suit without appointing a next friend, the representative-in-interest of the person alleged to be of unsound mind, can after his death assail the decree made against such person. It is obvious that the point having been taken in the trial of the suit and having been decided against the person alleged to be of unsound mind, the same question cannot possibly be raised in execution. This appeal should be dismissed with costs.
Sir Edward Maynerd Des Champs Chamier, Kt., C.J.
I agree. The Munsif who tried the case applied the law as it had been laid down in decisions which were then in force and which were binding upon him. This appeal must be dismissed.