Fowlkes v. Memphis & Charleston Railroad
Supreme Court of Alabama
Appeal from -the Circuit Court -of' Madison. ‘Tried before the Hon; S. D.- Hale. 1 This action, was brought to recover damages for the loss of a slave, -who was run over and killed -by the1 defendant”» engine and cars. -The summons and complaint were in the name of Cynthia D. • Fowlkes, guardian of Ransom H. Fowlkes.
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Appeal from -the Circuit Court -of' Madison. ‘Tried before the Hon; S. D.- Hale. 1 This action, was brought to recover damages for the loss of a slave, -who was run over and killed -by the1 defendant”» engine and cars. -The summons and complaint were in the name of Cynthia D. • Fowlkes, guardian of Ransom H. Fowlkes. The plaintiff asked leave to amend the complaint, so that the suit might run in the name of Ransom BL Fowlkes, by his next friend-, Cynthia L. Fowlkes; but the court refused to allow the amendment. This ruling of the court, to which, as the judgment entry recites, the plaintiff…
1Opinion of the CourtA. J. Walker, C. J.
In the original summons and complaint, Cynthia L. Fowlkes was the sole plaintiff, and Ransom H. Fowlkes was in no sense a party to the suit. The change proposed would have converted it into the suit of Ransom II. Fowlkes alone. The grochien amy of an infant plaintiff is not himself a plaintiff. He is but a species of attorney, who is permitted to act for the infant, so far as to conduct his suit; but his power is comprised within a very narrow compass, as he is not even authorized *311to receive the amount which may be recovered by the infant. — See Isaacs v. Boyd, 5 Porter, 390 ; Smith v. Redus,…
2Cases cited3 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Smith v. RedusSupreme Court of Alabama · 1846
- Friend v. OliverSupreme Court of Alabama · 1855
3Cited by4 opinions
- Dougherty v. PoweSupreme Court of Alabama · 1900
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Ex Parte CabanissSupreme Court of Alabama · 1937
- Ex Parte KelenSupreme Court of Alabama · 1931