Barwick v. Rackley
Supreme Court of Alabama
Appeal from Probate Court of Henry. Tried before Hon. J. B. Appling. Tbe opinion fully states tbe facts. Under tbe general'law on tbe subject, a prochein ami could only be appointed by a court. — See Tyler on Infancy and Coverture, p. 195. No legal right of parentage or guardianship would enable any one to act for the infant without such appointment. The statute of Alabama authorizes the infant to sue by next friend without first obtaining the leave of a court.
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Appeal from Probate Court of Henry. Tried before Hon. J. B. Appling. Tbe opinion fully states tbe facts. Under tbe general'law on tbe subject, a prochein ami could only be appointed by a court. — See Tyler on Infancy and Coverture, p. 195. No legal right of parentage or guardianship would enable any one to act for the infant without such appointment. The statute of Alabama authorizes the infant to sue by next friend without first obtaining the leave of a court. The relaxation of the rule certainly does not authorize any volunteer to institute suits on behalf of the infant. It certainly does…
1Opinion of the CourtPeck, C. J.
We think the judgment in this case must be affirmed. It was rendered in a proceeding commenced in the probate court of Henry county, by a petition filed in that court in the name of James R. Barwick, an infant under the age of twenty-one years, by his next friend, George W. Raekley. The petition states that said infant is an heir at law of James G. Barwick, deceased, and a distributee of his estate.
The object of the proceeding, as stated in the petition, was to set aside a final settlement of said estate, made in said court by Reddin Barwick, administrator of said deceased.
The grounds stated…
2Cases cited1 opinion
- Bethea v. McCallSupreme Court of Alabama · 1842
3Cited by7 opinions
- Swope v. SwopeSupreme Court of Alabama · 1911
- Laflin v. ShacklefordCourt of Appeals for the Fifth Circuit · 1899
- McWhorter v. CoxSupreme Court of Alabama · 1940
- Hanna v. TitusOhio Court of Appeals · 1941
- Hanna v. TitusOhio Court of Appeals · 1941
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