Dowd v. . Wadsworth
Supreme Court of North Carolina
From Moore. Trover for a horse, brought by the Plaintiff in his own name, “as guardian of Daniel Blue” The cause was fried on the plea of not gully, before his honor Judge Danied, on the last circuit.- The Plaintiff proved a gift of the horse to his ward Daniel Blue, by his gr&ndhtiher John Wadsworth, the late husband of the Defendant, and that he had by his will, bequeathed all his personal 'state to the Defendant during' her life. The executor o.
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From Moore. Trover for a horse, brought by the Plaintiff in his own name, “as guardian of Daniel Blue” The cause was fried on the plea of not gully, before his honor Judge Danied, on the last circuit.- The Plaintiff proved a gift of the horse to his ward Daniel Blue, by his gr&ndhtiher John Wadsworth, the late husband of the Defendant, and that he had by his will, bequeathed all his personal 'state to the Defendant during' her life. The executor o. John h a Isivovth lived at a distance from the Defendant, and in another county. All the property of the estate, together with the horse in…
1Opinion of the Court
Henderson, Chief-Justice.
I am sonu ivhat at a loss to say what this Court, as a revising Court, should do , . .... ‘ , . as to the error in bringing the suit. No doubt it was intended to he the infant’s suit — it was so considered throughout. The trial was upon the infant’s title, yet it is the suit of the guardian — it is brought by him in his own name — for although he describes himself as guardian of the infant, that is but matter of description, and does not make it the suit of the infant. The Court below, Í think, should have rejected the whole of the evidence, as irrelevant $ for it did…
2Cited by4 opinions
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- First National Bank v. BroderSupreme Court of Connecticut · 1928
- Herring v. CreechSupreme Court of North Carolina · 1954
- Smith v. Durham.Supreme Court of North Carolina · 1900