Legal Opinion

Wood v. Claiborne

Supreme Court of Arkansas

Decided April 29, 1907PublishedCited by 20 opinions

Appeal from Pulaski Circuit Court; Bdward W. Winfield. Judge; statement by the court. Henry Claiborne, a boy about 12 years of age, was injured on the turntable of the Hot Springs & Western Railway Company. His father, D. W. iCiaiborne, acting as next friend, employed the firm of Wood & Henderson, attorneys at law, to bring an action against the railway company to recover damages for the injury.

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Appeal from Pulaski Circuit Court; Bdward W. Winfield. Judge; statement by the court. Henry Claiborne, a boy about 12 years of age, was injured on the turntable of the Hot Springs & Western Railway Company. His father, D. W. iCiaiborne, acting as next friend, employed the firm of Wood & Henderson, attorneys at law, to bring an action against the railway company to recover damages for the injury. They brought an action for Henry Claiborne by his father as next friend against the company and recovered two thousand dollars.' This money was paid by the company to Wood & Henderson, and, after…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is an appeal from a judgment rendered against them in the circuit court in favor of plaintiff for money recovered by defendants for him during his minority and paid by them to his' father for him. There are only two questions presented by the appeal that it is necessary to notice. First, was the payment of the money to D. W. Claiborne, the father of the plaintiff, for him during his minority unauthorized? Second, does the fact that the plaintiff previously brought an action and recovered a judgment against his father cut off his right to bring this…

2Cases cited9 opinions

  1. Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
  2. Gulf, Colorado & Santa Fe Railway Co. v. StyronTexas Supreme Court · 1886
  3. Wallis v. StateSupreme Court of Arkansas · 1891
  4. Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
  5. Equitable Life Assurance Society v. MaySupreme Court of Georgia · 1889

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3Cited by20 opinions

  1. Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
  2. Walker v. StephensCourt of Appeals of Arkansas · 1982
  3. Missouri State Life Insurance v. HoltSupreme Court of Arkansas · 1932
  4. Parsons v. RiceMontana Supreme Court · 1928
  5. Stowell v. Texas Employers' Ins. Ass'nCourt of Appeals of Texas · 1924

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