Erwin v. Erwin
Supreme Court of Arkansas
Appeal from Prairie 'Chancery 'Court; John M. Elliot, Chancellor; STATEMENT BY THE COURT. On the 23d day of May, 1914, Marion Erwin intermarried with Ruth Turner.
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Appeal from Prairie 'Chancery 'Court; John M. Elliot, Chancellor; STATEMENT BY THE COURT. On the 23d day of May, 1914, Marion Erwin intermarried with Ruth Turner. Afterward, on the 18th day of November, 1914, Marion Erwin, by A. L. Erwin, his father and natural guardian, instituted this suit against Ruth Erwin, alleging that neither of the contracting parties were satisfied with their marriage relations; that the plaintiff was eighteen .and the defendant sixteen years of age, -and that the marriage was agreed to in childish play; that some time early in the summer of 1914, the defendant left…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question presented by this appeal is whether or not a valid judgment can be rendered against the guardian of a minor plaintiff for alimony in an .action brought by the infant through 'him, under section 5175 of Kirby’s Digest, to annul the marriage contract, .alleging incapacity, for want of age or understanding, of consenting to the marriage.
Under the statute, “the action of an infant must be brought by his guardian or next friend. ’ ’ Kirby’s Digest, § 6021. The statute makes the guardian or next friend liable for the costs of an action brought…
2Cases cited1 opinion
- Stivers v. WiseAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Harmon v. HarmonSupreme Court of Arkansas · 1922
- Meredith v. ShakespeareWest Virginia Supreme Court · 1924