Truman Cooperage Co. v. Shelton
Supreme Court of Arkansas
Appeal from Green Circuit Court, Second Division; W. J. Driver, Judge; Statement oe Facts. ■ This is an action by W. D. Shelton, as guardian of Edwin Prentiss Heathcock, minor, against the Truman Cooperage Company to set aside a judgment in favor of Edwin Prentiss Heathcock, a minor, by Mary E. Heath-cock, his next friend and mother; and Mary E. Heath-cock, against the Truman Cooperage Company for damages alleged to have been sustained by the minor by reason of the…
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Appeal from Green Circuit Court, Second Division; W. J. Driver, Judge; Statement oe Facts. ■ This is an action by W. D. Shelton, as guardian of Edwin Prentiss Heathcock, minor, against the Truman Cooperage Company to set aside a judgment in favor of Edwin Prentiss Heathcock, a minor, by Mary E. Heath-cock, his next friend and mother; and Mary E. Heath-cock, against the Truman Cooperage Company for damages alleged to have been sustained by the minor by reason of the negligence of the Cooperage Company. The facts . are substantially as follows: In August, 1917, Edwin Prentiss Heathcock, a…
1Opinion of the Court
Hart, J.,
(after1 stating the facts). It will be noted from the findings of fact made by the circuit court that its judgment proceeded upon the erroneous idea that the minor could not bring suit by his next friend while he had a legally appointed guardian. In the case of Miles v. Boyden, 3 Pick. (Mass.) 213, the Supreme Court of the State of Massachusetts stated the English law and the changes by statute in this respect as follows:
“At the -common law, infants were required to sue and to defend by guardian. Go. Lit. b. note 220. The law has not been altered as to the manner in which they are to…
2Cases cited10 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Robson v. OsbornTexas Supreme Court · 1855
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Hooks v. SmithSupreme Court of Alabama · 1850
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3Cited by1 opinion
- Culp v. CulpSupreme Court of Arkansas · 1944