Tague v. Hayward

The appellant, an infant, by his prochein ami, McCabe, sued Hayward for work and labor, for a period of over five years. The defendant answered in four paragraphs. The court overruled a demurrer to the fourth paragraph. The first was a general denial, and the plaintiff replied in denial of the 2d, 3d and 4th. The cause was tried by a jury. There was a general finding for the defendant; judgment for cost against McGabe, the prochein ami.

The appellant insists that the court erred in overruling the demurrer to the fourth paragraph of the answer. That paragraph alleged that the plaintiff being an…