Turner v. Alexander
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. An infant must sue by his guardian or next friend. Gantt’s Dig., sec. 4491. There was a misjoinder of parties and interests at law — three separate and distinct causes-of action joined in one suit. 33 Arle., 658. The bond is void because it does not disclose who the beneficiaries are, and parol testimony was not admissible to-ascertain the intention.
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APPEAL from Phillips Circuit Court. Hon. M. T. Sanders, Circuit Judge. An infant must sue by his guardian or next friend. Gantt’s Dig., sec. 4491. There was a misjoinder of parties and interests at law — three separate and distinct causes-of action joined in one suit. 33 Arle., 658. The bond is void because it does not disclose who the beneficiaries are, and parol testimony was not admissible to-ascertain the intention. The bond was not identified. 1. The suit was properly brought in the name of the-guardian. Gantt’s Digest, secs. 4472, 4491; 21 Arh., 447. 2. There was no misjoinder of…
1Opinion of the CourtEakin, J.
The appellee as guardian of three minors, BW., Pleas. T. and S. S. Taylor, for whom he had been appointed by one order, under one bond, brought this suit at law, against Turner, one of the sureties on the bond of a former guardian, who had been removed, and in whose hands the probate court had, upon a final settlement, found a balance separately due each of the minors. That is to say, to B. W. Taylor, $214,83, Pleas. T, Taylor, $214.83* and to S. S, Taylor, $119.83. The former guardian was insolvent, and the other surety was dead.
The complaint alleges that the former guardian was duly…
2Cited by5 opinions
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- Tuttle v. MooreCourt Of Appeals Of Indian Territory · 1901
- Beakley v. CunninghamSupreme Court of Arkansas · 1914
- Hargrove v. Cherokee NationCourt Of Appeals Of Indian Territory · 1902
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921