Legal Opinion

Harris v. Raughton

Alabama Court of Appeals

Decided June 29, 1954No. 7 Div. 325PublishedCited by 2 opinions

1Opinion of the Court

CARR, Presiding Judge.

This is a suit to recover the amount of an initial payment on an automobile purchased by a minor.

The caption of the complaint designates the party suing as:

“J. W. Raughton Pro Ami

Breman R. Raughton, Plaintiff”

The pertinent part of the summons is:

" * * * then and there to answer, plead, or demur to the complaint hereto annexed of Breman R. Raughton a minor who sues by his next friend Ji W. Raughton.”

The insistence is made that the suit should have been brought in the name of the minor by next friend and not by a person who sues for and on behalf of such minor.

In order to…

2Cases cited15 opinions

  1. Life Casualty Ins. Co. v. PeacockSupreme Court of Alabama · 1929
  2. Williams v. Roche Undertaking Co.Supreme Court of Alabama · 1950
  3. Schoenung v. GalletWisconsin Supreme Court · 1931
  4. Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
  5. Ragan v. WilliamsSupreme Court of Alabama · 1930

10 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. H & S HOMES, LLC v. McDonaldSupreme Court of Alabama · 2001
  2. Nationwide Mutual Insurance Co. v. WoodSupreme Court of Alabama · 2013

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