Davie v. Padgett
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The plaintiff, being .an infant, eonl-d sue only by guardian or next friend. S'he had no right to bring the suit in her own name, and the court had no jurisdiction. The statute is mandatory and jurisdictional. Kirby’s Dig., § § 6021, 6022; 9 Am. & Eng. Ann.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The plaintiff, being .an infant, eonl-d sue only by guardian or next friend. S'he had no right to bring the suit in her own name, and the court had no jurisdiction. The statute is mandatory and jurisdictional. Kirby’s Dig., § § 6021, 6022; 9 Am. & Eng. Ann. Cas. 1114; 71 Ark. 258; 50 Ark. 480; 63 Ark. 155; 55 Ark. 29; 87 Ark. 184. 2. Ait the time the alleged contract of marriage was entered info, the plaintiff was incapable of entering into a valid contract. The verdict is, therefore, contrary to the law and the evidence. 4 Ruling Case…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover damages for breach of an alleged contract for intermarriage between the parties. Tbe complaint sets f orth the allegations as to the contract of marriage and breach thereof, and also alleges seduction as a matter in aggravation of the alleged breach of contract. ' There was a verdict in favor of the plaintiff 'and defendant has appealed.
(1-2-3-4) It is alleged in the complaint, and established by proof, that the plaintiff was about sixteen years of age at the time defendant promised to marry her and seduced her, and was seventeen years old on the day of the trial…
2Cases cited4 opinions
- Burke v. ShaverSupreme Court of Virginia · 1895
- Collins v. MackSupreme Court of Arkansas · 1877
- Bozeman v. BrowningSupreme Court of Arkansas · 1876
- Trapnall's adx. v. State BankSupreme Court of Arkansas · 1856
3Cited by17 opinions
- Bethel v. StateSupreme Court of Arkansas · 1924
- Quality Motors, Inc. v. HaysSupreme Court of Arkansas · 1949
- Schrum ex rel. Gaither v. BoldingSupreme Court of Arkansas · 1976
- Bracy v. MillerSupreme Court of Arkansas · 1925
- Lamb v. Midwest Mutual InsuranceDistrict Court, W.D. Arkansas · 1969
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