Rucker v. M'Neely

Trespass quare clausum fregit. Special demurrer to the declaration, and judgment for the defendant.

The declaration commences as follows:—Shelby county, ss. Elzy Rucker, by Westley Rucker, who is admitted by the Court here to prosecute for the plaintiff, who is an infant within the age of 21 years, as the guardian of the said plaintiff, complains, &c. It is stated as one of the causes of demurrer, that the plaintiff should have sued by next friend and not by guardian. In this, the defendant is mistaken. The institution of the suit by guardian is unobjectionable, and the form of the declaration…