Williams v. Ritchey
U.S. Circuit Court for the District of Kansas
The bill of complaint commences thus: “Victoria B. Williams, a citizen of the state of New York, and an infant under the age of eighteen years, by her next friend, Jacob V. Adneire, brings this her bill against John Ritchey, a citizen of the state of Kansas, and thereupon your cratrix complains," etc.
Read the full summary
The bill of complaint commences thus: “Victoria B. Williams, a citizen of the state of New York, and an infant under the age of eighteen years, by her next friend, Jacob V. Adneire, brings this her bill against John Ritchey, a citizen of the state of Kansas, and thereupon your cratrix complains," etc. Demurrer by the defendant on the ground that the prochein amy is not stated in the bill to be a citizen of a state other than the state of Kansas; and counsel admit that in point of fact he is a citizen of Kansas.
1Opinion of the Court
DILLON, Circuit Judge.
The point here presented is stated by counsel to be novel, but it does not appear to the court'to be difficult of solution. If the prochein amy is to be considered as the party, or even a party, to the suit, the objection to the jurisdiction of the court would be well taken. But he is not a party. The complainant is the infant in whose name and on whose behalf the bill is exhibited by her next friend. Infants are capable of maintaining suits to assert their rights, but the practice in chancery requires that the suit of an infant should be supported by another person…
2Cited by8 opinions
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Fulsom v. Quaker Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1929
- Slafter v. SavageSupreme Court of Vermont · 1915
- Webb v. HarrisSupreme Court of Oklahoma · 1912
3 more not listed; retrieve them via the Exa API.