Longmire v. Pilkington
Supreme Court of Alabama
Appeal from the Circuit Court'of Monroe.. Tried before the Hon. C. W. EapieR. Tms-action was brought by James Pilkington, agaihst Garrett" M. Longmire and Richard F. Longmire, to recover damages for the conversion of a horse. In the original complaint, the plaintiff sued in his own right, and alleged that the horse was his property..
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Appeal from the Circuit Court'of Monroe.. Tried before the Hon. C. W. EapieR. Tms-action was brought by James Pilkington, agaihst Garrett" M. Longmire and Richard F. Longmire, to recover damages for the conversion of a horse. In the original complaint, the plaintiff sued in his own right, and alleged that the horse was his property.. An amended complaint was afterwards filed, in which the plaintiff was desci’ibed as “James Pilkington, as guardian.of Margaret Pilkington, a minor, and who sues for the use of said Margaret Pilking-.. ton ;” and the horse was alleged to be the “property of the…
1Opinion of the CourtStone, J.
The. Code (§ 2036) declares, that “guardians may sue in their own names, for the use of the ward', in all cases where tile ward has an interest, and the judgment enures to ..his .benefit.” The amended complaint in. the present case discloses an interest in the ward; _ and if its averments be true, the judgment will enure to her benefit. The case, then, as made by th^ amendment,, is precisely within the letter of the section of the Code above copied, if that section, be not qualified by some other provisions of the Code. It is contended, that section,; 2132 qualifies section 2036, We think we…
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