Clark v. Layne
Court of Appeals of Kentucky
Case 47 — PETITION EQUITY APPEAL FROM ELOYD CIRCUIT COURT. Tiie petition states a cause of action, and it was error to dismiss it over the protest of the next friend. (Hopkins v. Virgin, 11 Bush, 677; Civil Code, sec. 35; Gen. Stats., chap. 48, art. 1, sec. 10.) 1. This appeal can not be sustained, because only as to Wm.
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Case 47 — PETITION EQUITY APPEAL FROM ELOYD CIRCUIT COURT. Tiie petition states a cause of action, and it was error to dismiss it over the protest of the next friend. (Hopkins v. Virgin, 11 Bush, 677; Civil Code, sec. 35; Gen. Stats., chap. 48, art. 1, sec. 10.) 1. This appeal can not be sustained, because only as to Wm. Akers • as an individual was an appeal granted, and the judgment did not dispose of the case as to him. 2. By the common law an infant could sue by his guardian or next friend. The guardian was the one unless for some special reason. If he refused, and the suit was necessary,…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
This was an action instituted in the Floyd Circuit Court by Wm. Akers in his own name and as next friend to Judd and Alice Clark, against Henry Hall, James P. Layne and F. N. Morell. The'petition alleges in substance that appellant Akers had lately been the guardian of said Clarks, and that while so acting as guardian appellee Hall or Lajme had sought to purchase of him the dead and perishing timber on certain lands, the property-of said infants, and that after consulting a lawyer, he, appellant, agreed to sell said timber and entered into the…
2Cited by1 opinion
- Layne v. ClarkCourt of Appeals of Kentucky · 1913