Klaus v. State
Mississippi Supreme Court
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
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3Cited by5 opinions
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