Legal Opinion

Klaus v. State

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 5 opinions

Error to the Circuit Court of Noxubee County. Hon. James M. ARNOLD, Judge. This was an action in the name of the State for the use of Maggie Boykin, by her next friend, B. L. Cromwell, against Abram Klaus and William French, sureties on the bond of E. D. Boykin, her guardian, to recover $1,390 found due from Boykin to his ward on a settlement made after his death, by his administrator, with the Chancery Court.

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Error to the Circuit Court of Noxubee County. Hon. James M. ARNOLD, Judge. This was an action in the name of the State for the use of Maggie Boykin, by her next friend, B. L. Cromwell, against Abram Klaus and William French, sureties on the bond of E. D. Boykin, her guardian, to recover $1,390 found due from Boykin to his ward on a settlement made after his death, by his administrator, with the Chancery Court. The defendants objected that the Chancellor had not ordered suit to be brought on the bond, and that Cromwell had not been admitted to sue by an order of court, and, on judgment against…

1Opinion of the CourtChalmers, J.

Two questions only are presented by the record. 1st, May a suit be prosecuted on behalf of an infant by one styling himself “next friend,” who has obtained no previous order of court admitting him to litigate in that capacity ? 2d, May a suit be maintained upon a guardian’s bond without a previous order by the proper chancellor? We answer both questions in the affirmative.

*646Code 1871, § 669, provides that, “ in any case where such persons as be within age may have cause of action, their next friend shall be admitted to sue for them, and such next friend shall be liable for the costs.” In…

2Cases cited2 opinions

  1. Judson v. BlanchardSupreme Court of Connecticut · 1821
  2. Bethea v. McCallSupreme Court of Alabama · 1842

3Cited by5 opinions

  1. Wood v. ClaiborneSupreme Court of Arkansas · 1907
  2. Collins v. GillespySupreme Court of Alabama · 1906
  3. Bull v. DagenhardMississippi Supreme Court · 1878
  4. Columbia Mut. Life Ins. v. JonesMississippi Supreme Court · 1931
  5. Voorhees ex rel. Jameson v. PolhemusNew Jersey Court of Chancery · 1883

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