Long v. Duvall

Opinion by

Judge Lindsay:

This action is prosecuted by L. W. Duvall. The petition shows upon its face that the real party in interest is L. P. Duvall, who is not made a party. An infant may sue by his next friend, but a stranger can not undertake to enforce an infant’s rights in court,' by describing himself the next friend to the infant as is done in this case.

The action is founded upon the contract made by L. W. Duvall and D. W. T. Long, deceased. The undertaking of the latter was to “pay for or account for the horse with his medical services.” It is alleged that he has not done so; but there…