Oliver v. McDuffie
Supreme Court of Georgia
Demurrer in Marion. Decided by Judge Worrill, March Term, 1859. Thaddeus Oliver filed his hill to the February Term, 1855, of Marion Superior Court, against George W. Mc-Duffie.
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Demurrer in Marion. Decided by Judge Worrill, March Term, 1859. Thaddeus Oliver filed his hill to the February Term, 1855, of Marion Superior Court, against George W. Mc-Duffie. The bill stated that during the year 1850 the complainant followed the business of school teaching, and taught and instructed Isabella Everingham and Mary Everingham, orphans of Lewis Everingham; that their tuition amounted to the sum of forty-four dollars and eight cents; that subsequently the defendant, by the ordinary of said county, was appointed guardian for these minors, and, as such guardian, received into his…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Was the court right in dismissing this bill upon the ground that the complainant had an ample and adequate remedy at law ?
The learned judge, in the very able able opinion which he has sent up with the record in this case, has established these propositions conclusively; than an infant may *524bind himself for necessaries, and that education is a necessary (McPherson on infants, 498; Rolf vs. Rolf, 15 Ga. Rep., 457) ; and that an action at law can be maintained against an infant for necessaries. In the case of Nichols and wife vs. Welborn, (13 Ga.…
2Cases cited2 opinions
- Cook v. WalkerSupreme Court of Georgia · 1854
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- Wallace v. LeroyWest Virginia Supreme Court · 1905
- Kite v. BrooksCourt of Appeals of Georgia · 1935
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