Campbell v. Steiner

*370DISSENTING OPINION OF

HARTWELL, C.J.

I agree that the Territory, and not the superintendent, should be the plaintiff, but I think that the petition could be amended as was done in Chappell v. U. S., 160 U. S. 499, and in conformity with the suggestion in Meek v. Aswan, 7 Haw. 750, 754, in which it was held that “the objection to the complaint (that an action by a guardian 'to recover rent for use of the minor’s land should be brought in the name of the minor, by her guardian, and not in the name of the guardian), even if tenable, should not have been visited with a dismissal, but an amendment…