Hooks v. Smith
Supreme Court of Alabama
Error, to the Circuit Court of Sumter. Tried before the Hon. Geo. Goldthwaite. 1. The pleas in abatement raise the question whether the infants should have been followed in the suit by their guardian, and not by pro. ami. — Clay’s Dig. 336 §130. For the doctrine on this subject, (independent of our statute,) see 1 Thomas’ Coke, 171, note 29. Although this right was first given in England by statute, it has been long regarded as common law. — Thomas v. Dicke, 11 Verm. 273. 2.…
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Error, to the Circuit Court of Sumter. Tried before the Hon. Geo. Goldthwaite. 1. The pleas in abatement raise the question whether the infants should have been followed in the suit by their guardian, and not by pro. ami. — Clay’s Dig. 336 §130. For the doctrine on this subject, (independent of our statute,) see 1 Thomas’ Coke, 171, note 29. Although this right was first given in England by statute, it has been long regarded as common law. — Thomas v. Dicke, 11 Verm. 273. 2. If a guardian has the ward’s property in possession, and is divested .and sues for the property itself, or if a note is…
1Opinion of the CourtParsons, J.
This action was brought by Edward W. Smith, Anna Smith, and Mary Amanda Smith, the two latter, who were infants, by their next friend Edward W. Smith, against the plaintiff in error. The declaration contains three counts in case, and one in trover.
It appears that one Joseph A. Smith had been the regular guardian of all of the plaintiffs, and that he continued to be the guardian of the two last until after the suit was brought, and *340probably he is still their guardian. The defendant below filed three pleas in abatement, presenting the question whether the two plaintiffs, who were still infants,…
2Cases cited3 opinions
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Bethea v. McCallSupreme Court of Alabama · 1842
- Sutherland v. GoffSupreme Court of Alabama · 1837
3Cited by16 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Williams v. CleavelandSupreme Court of Connecticut · 1904
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Jones v. FortSupreme Court of Alabama · 1860
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