Meek v. Aswan

Opinion op the Court, by

Judd, C.J.

This is an action of assumpsit for rent. The plhintiff recovered in the Police Court of Honolulu and defendant appealed to the Supreme Court. After a mixed jury had been empannelled and sworn and. the plaintiff had opened the case, the defendant’s counsel moved to dismiss on the ground that the *751action was improperly brought in the name of the minor by her guardian, whereas the complaint should read G. S. Houghtailing, guardian of Eliza Meek.

The Court held that the complaint was defective in respect to the proper party plaintiff and therefore dismissed the…