Montfort ex rel. Montfort v. Schmidt

The opinion of the Court was delivered hy

Manning, J.

The action is hy a father for the, use and benefit of his minor child to recover damages for injuries received hy her through the fault and negligence of a minor son of the defendant.

The mother of the injured child had died before the.institution of the suit. No exception to the capacity of the plaintiff was made in the lower court, hut it is here pleaded hy way oí peremptory exception that the father as such cannot represent his minor child until and unless he has qualified as her tutor.

Pretermitting any expression of opinion whether this…