Irby v. Dowdy
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J.' B. Baker, Judge; Joseph Irby was the father and natural guardian of his son, and he should have been allowed to prosecute the .suit in his own name and for his own use and benefit. It was error to refuse to substitute.
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Appeal from Fulton Circuit Court; J.' B. Baker, Judge; Joseph Irby was the father and natural guardian of his son, and he should have been allowed to prosecute the .suit in his own name and for his own use and benefit. It was error to refuse to substitute. Kirby’s Digest, § 3756-7; 32 Ark. 92-96; 95 Id. 355-8. All male persons are minors until they are twenty-one years of age. 79 Ark. 194; 101 Id. 510-12; 107 Id. 561. If the minor had no father nor mother then this cause should have been prosecuted as laid down. Section 6021, Kirby’s Digest; 82 Ark. 514; 93 Id. 353. Joseph Irby had the right…
1Opinion of the Court
HUMPHREYS, J,
Appellant, in his individual capacity, brought suit before a justice of the peace in Fulton County against Andrew Dowdy, to recover a certain gray horse of the value of $100. The affidavit filed by appellant to obtain delivery of the personal property stated that appellant was the owner of, and entitled to the immediate possession of, the horse. An appeal was prosecuted to the circuit court of Fulton County from the judgment rendered in the magistrate’s court. On the call of the case in the circuit court, appellant filed a motion to substitute himself, as natural guardian and…
2Cases cited8 opinions
- Freeman v. LazarusSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Schiele v. DillardSupreme Court of Arkansas · 1910
- Wood v. ClaiborneSupreme Court of Arkansas · 1907
- State ex rel. Oliver v. RottakenSupreme Court of Arkansas · 1879
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3Cited by4 opinions
- Lopez v. WaldrumSupreme Court of Arkansas · 1970
- Lopez v. Waldrum EstateSupreme Court of Arkansas · 1970
- McGraw v. MillerSupreme Court of Arkansas · 1931
- McGraw v. MillerSupreme Court of Arkansas · 1931