Thomas v. Dike
Supreme Court of Vermont
This was an action of book account. The plaintiff was an infant, under guardianship, and sued by prochein ami. The defendant pleaded, in abatement, that the suit should have been brought in the name of the guardian. The county court adjudged the plea insufficient, and the defendant excepted.
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This was an action of book account. The plaintiff was an infant, under guardianship, and sued by prochein ami. The defendant pleaded, in abatement, that the suit should have been brought in the name of the guardian. The county court adjudged the plea insufficient, and the defendant excepted. After judgment to account, auditors’were appointed, who reported that thp plaintiff’s account accrued for services rendered by him for the defendant under a contract to work for a year, each party reserving to himself the right, upon becoming dissatisfied during the term, to determine the contract; that…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
On the plea in abatement it is sufficient to remark, that the right of an infant to sue by prochein ami, although first given by statute, seems to have been recognized as a part of the common law in most of the states. In this state it has never been doubted that he may sue by prochein ami. It is sufficient that .the guardian does not dissent, and although he may dissent, yet if it is necessary, and for the benefit of the infant, he may sue by prochein ami, *276notwithstanding such dissent. The decision of tiie county court on this point…
2Cited by16 opinions
- Williams v. CleavelandSupreme Court of Connecticut · 1904
- Carlton v. MillerCourt of Appeals of Texas · 1893
- Patrick v. PutnamSupreme Court of Vermont · 1855
- Wheatly v. MiscalIndiana Supreme Court · 1854
- Forsyth v. HastingsSupreme Court of Vermont · 1855
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