Miles v. Kaigler
Tennessee Supreme Court
At the January term, 1829, of the Supreme Court for the State of Tennessee, sitting at Nashville, Isabella Kaigler and Wm.
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At the January term, 1829, of the Supreme Court for the State of Tennessee, sitting at Nashville, Isabella Kaigler and Wm. W. Kaigler, infants under the age of twenty-one years, who sued by their father, David Kaigler, as prochien amie, recovered judgment against Thomas Miles, (the complainant,) for the sum of $687 18, the payment of which was enjoined by this bill in chancery, filed May 6th, 1829. On the 24th of March, 1829, David Kaigler executed a power of attorney to John B. Miles, hy which he authorized him to receive and receipt for the amount of said judgment from the said Thomas…
1Opinion of the CourtTurley, J.
The first question for our consideration is, did the pro-chien amie have the legal power to compound this debt, which embraces two propositions: 1st, If the judgment had remained at law, could he have done so? 2nd, if he could, can he do so after the case is removed into a Court of Chancery, without the consent of the chancellor? The rights of infants have at all times been guarded with jealous care by courts of justice, and an interference in any way with their estates, except by persons authorised by law, discountenanced. To such an extent has this principle been carried, that even a…
2Cases cited2 opinions
- May v. CalderMassachusetts Supreme Judicial Court · 1806
- Combs v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by2 opinions
- State ex rel. Lane v. BallingerWashington Supreme Court · 1905
- Tune v. Louisville & Nashville Railroad CompanyDistrict Court, M.D. Tennessee · 1963