Jack v. Davis
Supreme Court of Georgia
Assumpsit, in Fulton Superior Court. Tried before Judge Bull, April Term, 1859. This was an action of assumpsit, by Francis M. Jack, for the use of Jesse M. Butt, against James C. Davis, on a due bill given by Davis Jack, for one hundred dollars, dated 23d September, 1857. The defendant pleaded as a set off, a balance due to him on an account, for goods sold and delivered to the plaintiff, Jack; said account running from 26th September, 1856 to 9th April, 1S57, and amounting…
Read the full summary
Assumpsit, in Fulton Superior Court. Tried before Judge Bull, April Term, 1859. This was an action of assumpsit, by Francis M. Jack, for the use of Jesse M. Butt, against James C. Davis, on a due bill given by Davis Jack, for one hundred dollars, dated 23d September, 1857. The defendant pleaded as a set off, a balance due to him on an account, for goods sold and delivered to the plaintiff, Jack; said account running from 26th September, 1856 to 9th April, 1S57, and amounting to $271 13, and acknowledged to be correct and just by Jack. The defendant further pleaded in abatement, tbe infancy of…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
[1.] We hold the Court was right in overruling plaintiff’s motion, to strike out defendants plea of set-off. And the case of Gerry vs. Perryman, (6 Ga. Rep. 119,) is conclusive upon this point.
[2.] The writ should not have been dismissed, but amended thus: “ Francis M. Jack by his prochein ami or guardian, *221ad litem, A. B. for the use of Jesse M. Butt, against James C. Davis.”
Infants should sue and be sued, in their own name, by guardian or next friend. And if an infant defendant will not appoint a guardian, the Court will do it for him.
2Cases cited1 opinion
- Guerry v. Perryman ex rel. DennardSupreme Court of Georgia · 1849
3Cited by8 opinions
- Pardue Medicine Co. Inc. v. PardueSupreme Court of Georgia · 1942
- Maryland Casualty Co. v. LanhamSupreme Court of Georgia · 1906
- Georgia State Bank v. HardenCourt of Appeals of Georgia · 1924
- Third National Bank v. Western & Atlantic RailroadSupreme Court of Georgia · 1902
- Cannon v. WhiddonSupreme Court of Georgia · 1942
3 more not listed; retrieve them via the Exa API.