McElrath v. Barnett

Opinion op the Court by

Creal, Commissioner—

Reversing.

This appeal is from a judgment for $3,800 recovered by Mrs. Marjorie Barnett, suing by her next friend, Ollie Barnett, as damages for personal injuries sustained by her when struck by an automobile of appellant.

It is first argued as ground for reversal that the case should have been dismissed because there was no compliance with section 37 of the Civil Code of Practice., Appellee, Marjorie Barnett, first sued in her own name and her petition disclosed that she was under 21 years of age. Marjorie Barnett, by her husband and next friend,…