Tucker v. Liles

Mathews, J-,

delivered the opinion of the court.

This suit was commenced by S. R. Tucker, in her capacity as tutrix to her minor children, and S. Tucker assisted by her curator ad litem. While the action was pending, the plaintiffs both married, and in consequence of their marriage the husband of the former was united with her in the tutorship of her children, and it became necessary that the husband of the latter should be made a party with her in the present suit.

These facts seem not to have been known by the counsel of the plaintiffs; or at all events he did not act on them until after the…