Bartlett v. Batts
Supreme Court of Georgia
Trespass, &c., in Lee Superior Court. Decision by Judge Love, November Term, 1853. William N. Batts brought his action for trespass &e. vs. William N. Bartlett.
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Trespass, &c., in Lee Superior Court. Decision by Judge Love, November Term, 1853. William N. Batts brought his action for trespass &e. vs. William N. Bartlett. The infancy of the plaintiff being suggested, counsel for plaintiff moved the appointment of a guardian ad litem, for the purpose of prosecuting said suit; which motion was granted, and the Hon. Lott Warren was so appointed. [The father and natural guardian of the plaintiff not residing in this State.] This decision is assigned as error by the defendant below, and plaintiff in this Court. 1st. An infant cannot institute a suit in his…
1Opinion of the Court
By the Court.
Penning, J.,
delivering the opinion.
As to suits by infants, this seems to, have been the state of the Law of England, at the time Avhen .that Law Avas introduced into Georgia.
Process might be sued out by the infant alone, but the declaration could not regularly be filed before a next friend to the infant had been appointed by the Court, for prosecuting the infant’s suit. If the declaration Avas filed before such a next friend had been appointed, the defendant might, at his option, refuse to plead, or he might go on with his defence. If ho chose to go on, and did go on until a…
2Cited by8 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- In re Estate of CahillCalifornia Supreme Court · 1887
- Maryland Casualty Co. v. LanhamSupreme Court of Georgia · 1906
- Brinsfield v. RobbinsSupreme Court of Georgia · 1936
- Kite v. BrooksCourt of Appeals of Georgia · 1935
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