Peavler ex rel. Peavler v. Wichita Transportation Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages instituted by a minor by his mother as next friend. Plaintiff was at that time about ten years old. Judgment was entered in favor of the plaintiff for $2,000. The defendant paid the amount of the judgment to the clerk of the district court on May 5, 1944, and on the same date the clerk paid the amount to the mother of plaintiff, his next friend. This appeal arises from an order of the district court sustaining a demurrer to a motion filed in the action for damages by the plaintiff’s guardian to amerce the clerk…