Riddle v. Hanna
Supreme Court of Alabama
Appeal from the Chancery Court of Benton. Heard before the Hon. James B. Clark. MotxoN to dismiss the appeal, 1st, because it appears to hare been taken by “the solicitors of the complainants,” and not by the latter in their own proper persons ; 2d, because no bond was given to secure the costs of the appeal; 3d, because a next friend for the infant complainants is not made a party to the appeal, nor is his name mentioned ; and, 4th, because the adult complainants have…
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Appeal from the Chancery Court of Benton. Heard before the Hon. James B. Clark. MotxoN to dismiss the appeal, 1st, because it appears to hare been taken by “the solicitors of the complainants,” and not by the latter in their own proper persons ; 2d, because no bond was given to secure the costs of the appeal; 3d, because a next friend for the infant complainants is not made a party to the appeal, nor is his name mentioned ; and, 4th, because the adult complainants have enforced and received satisfaction of the decree.
1Opinion of the Court
G-OLDTH WAITE, J. —
The record shows that some of the complainants in whose favor the decree was rendered were infants, and it also shows that the appeal was taken by “ the solicitor of the complainants.” It is true, that it appears the suit was prosecuted, so far as the minors were concerned, by their next friend ; but that does not make him a party complainant : he is placed upon the record in order that the court may have some one before it, who is responsible for the conduct of the case and the costs. An infant cannot act by attorney in taking an appeal, which is in the nature of a new…
2Cases cited2 opinions
- Knox's Distributees v. SteeleSupreme Court of Alabama · 1851
- Bradwell v. WeeksNew York Court of Chancery · 1814
3Cited by16 opinions
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Garner v. PrewittSupreme Court of Alabama · 1858
- Williams v. McConicoSupreme Court of Alabama · 1855
- ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972
- Collins v. GillespySupreme Court of Alabama · 1906
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