Nashville Lumber Co. v. Barefield
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; It is error for the court to substitute for the statutory guardian some other person as next friend to represent a minor. 31 Ark. 58; Id. 229. It is the duty of the statutory guardian to represent his ward in all suits. Kirby’s Dig., § 6023; 42 Ark. 222. The record showing the minor’s disabilities had been removed by the court was conclusive on collateral attack.
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Appeal from Howard Circuit Court; James S. Steel, Judge; It is error for the court to substitute for the statutory guardian some other person as next friend to represent a minor. 31 Ark. 58; Id. 229. It is the duty of the statutory guardian to represent his ward in all suits. Kirby’s Dig., § 6023; 42 Ark. 222. The record showing the minor’s disabilities had been removed by the court was conclusive on collateral attack. Both the Phoenix Lumber Company and M. E. Johnson were necessary parties to the proper determination of this controversy. Kirby’s Dig., § 6006; 37 Ark. 517; 35 Ark. 363; 39…
1Opinion of the CourtFrauenthal, J.
This was an action in replevin to recover the possession of a lot of lumber and logs or their value. The plaintiffs below were C. H. Barefield, Kate E. Barefield and Ed Barefield, a minor, who sued by his next friend, C. H. Bare-field. They alleged that they were the owners of certain lands in Howard County, Arkansas, and that the defendant, the Nashville Lumber Company, had wilfully entered upon said land, and, knowing that the land was owned by plaintiffs, had cut and removed the timber therefrom and converted same into said lumber and logs. The land had been owned by the father of the…
2Cases cited17 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Central Coal & Coke Co. v. John Henry Shoe Co.Supreme Court of Arkansas · 1901
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Randleman v. TaylorSupreme Court of Arkansas · 1910
- Moss v. MooseSupreme Court of Arkansas · 1931
- Rutherford v. WilsonSupreme Court of Arkansas · 1910
- Kreamer v. WendelSupreme Court of Iowa · 1927
- Neeley v. MartinSupreme Court of Arkansas · 1916
5 more not listed; retrieve them via the Exa API.