Hargroves v. Freeman
Supreme Court of Georgia
Assumpsit, in Jackson Superior Court. Tried before Judge James Jackson. August Term, 1852. Louisa A. Freeman, an infant, by her next, friend, Frederick S. Freeman, brought suit against the executors of Gabriel Martin, upon a promissory note for one thousand dollars, made by the said Martin, in his lifetime.
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Assumpsit, in Jackson Superior Court. Tried before Judge James Jackson. August Term, 1852. Louisa A. Freeman, an infant, by her next, friend, Frederick S. Freeman, brought suit against the executors of Gabriel Martin, upon a promissory note for one thousand dollars, made by the said Martin, in his lifetime. Upon the trial, it appeared that the plaintiff was the illegitimate daughter of Gabriel Martin ; that, at one time, a warrant for bastardy issued against Gabriel Martin, which, by consent of the mother of plaintiff, was dropped ; that Gabriel Martin promised the mother to provide for the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
On the final trial of this cause, defendant’s counsel moved tc dismiss the suit, on the ground that Louisa Freeman, the plaintiff, was an infant, and that Frederick S. Freeman, through whom she sued, as her next friend, had not given bond and security, as required by the rules of practice.
By the sixty-second rule of the Superior Courts, it is provided, that no prochein ami shall be permitted to institute any personal action in the name and behalf of an infant, until such prochein ami shall have entered into sufficient bond to the Governor of the…
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