Wise v. Burton

On October 18, 1934, Howard Wise, by his next friend, L. C. Neal, instituted an action against the defendant to recover the sum of $1,000, alleged to be due plaintiff. (The original petition is not made a part of the transcript.) Thereafter, on the 14th day of December, 1934, on motion of plaintiff, the trial court substituted L. C. Neal as next friend and legal guardian of said minor as plaintiff, and authorized the filing of an amended petition by such substituted plaintiff.

In substance, the amended petition alleged that George R. Vickers died on the 13th day of May, 1934, at which time he…