Strode v. Clark
Supreme Court of Alabama
Error to the Circuit Court of Sumter. The defendant in error, sued out execution against Charles E. R. Strode and Harriet S. Strode, which was levied on certain slaves, and thereupon, Matthew Houston, as the next friend of the plaintiff in error, made affidavit, that he verily believed the property levied on, belonged to certain minors who are named, and prayed a trial of the right, and also executed a bond with surety, conditioned as the statute directs, in cases of trial…
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Error to the Circuit Court of Sumter. The defendant in error, sued out execution against Charles E. R. Strode and Harriet S. Strode, which was levied on certain slaves, and thereupon, Matthew Houston, as the next friend of the plaintiff in error, made affidavit, that he verily believed the property levied on, belonged to certain minors who are named, and prayed a trial of the right, and also executed a bond with surety, conditioned as the statute directs, in cases of trial of the right of property. At the trial of the cause, the plaintiff moved to dismiss the claim, because prosecuted on…
1Opinion of the CourtOrmond, J.
We need not enter upon the inquiry, how suits were first allowed to be prosecuted in behalf of an in*622fant, by a prochein ami, or whether the right existed at common law, or was conferred by the statutes of Westminster, 1st and 2d, as the legislature of this State has expressly conferred the power, in the following comprehensive language: “ In every case, where persons who are within age, may sue, their next friends shall be admitted to sue for them.” [Clay’s Dig. 336, <§> 130.J The only question, therefore, to be considered, is, whether infants are embraced in the class of persons who may try…
2Cited by3 opinions
- City of Huntsville v. PhillipsSupreme Court of Alabama · 1914
- English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
- Cook v. AdamsSupreme Court of Alabama · 1855