Robson v. Osborn
Texas Supreme Court
Error from Colorado. Action of trespass to try title by Benjamin Osborn, by his next friend, Isam Tooke, against Robert Robson, commenced March 16th, 1853. Plea in abatement that W. W. Thompson was the guardian of the plaintiff and the proper person to bring the action. Exceptions to this plea overruled. Trial of plea in abatement, and verdict for the plaintiff.
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Error from Colorado. Action of trespass to try title by Benjamin Osborn, by his next friend, Isam Tooke, against Robert Robson, commenced March 16th, 1853. Plea in abatement that W. W. Thompson was the guardian of the plaintiff and the proper person to bring the action. Exceptions to this plea overruled. Trial of plea in abatement, and verdict for the plaintiff. It appeared in the course of the trial of the plea in abatement, that Thompson had gone to California in 1849, taking the minor with him, and that neither had returned. Special exception, that the plaintiff, being a minor, could not…
1Opinion of the CourtWheeler, J.
Whatever question there may formerly have been respecting the right of an infant to sue by his next friend, that question was settled by the decision of this Court in the case of Cannon v. Hemphill. (7 Tex. R. 184.)
*306It seems that, in general, any one who will undertake the office, may be the prochein amy of an infant; and may maintain the suit in that capacity, if it appears to the Court to be for the benefit of the infant. And although an infant has a guardian assigned him by the Court, or appointed by will, yet where he is plaintiff, the eom’se in Chancery, it is said, is not to call the…
2Cases cited2 opinions
- Bradley v. AmidonNew York Court of Chancery · 1843
- Jackson ex dem. Clark v. MorseNew York Supreme Court · 1821
3Cited by30 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Dorn v. DunhamTexas Supreme Court · 1859
- French v. GrenetTexas Supreme Court · 1881
- Hatchett v. ConnerTexas Supreme Court · 1867
- McCormick v. EdwardsTexas Supreme Court · 1887
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