White v. Grace

ELLISON, P. J. —

Plaintiff instituted this action of replevin in a justice of the peace court. On appeal to the circuit court he recovered judgment.

Plaintiff was an infant nineteen years of age when he brought the action by filing his complaint verified by his affidavit. A next friend was not appointed. The justice issued a writ of replevin, the property was taken and on the day of trial defendant, discovering that plaintiff was an infant, moved to dismiss the case on that ground. Plaintiff’s attorney thereupon filed his written consent to act as next friend; the justice appointed him and then…