Holmes v. Adkins

James S. Holmes, by his next friend, Squire W. Robinson, brought an action in the Decatur Circuit Coui’t against Bradley Adkins. Judgment was given in that Court against the infant for costs. This is insisted upon as error.

The authorities are not uniform upon this point. Reeve, in his “Domestic Relations,” says: “A guardian and prochein ami are liable for costs of suit, in case the infant fails in the action, and execution issues against them; but, if their conduct were proper in bringing the suit, they will be refunded their costs, out of the infant’s property,” otherwise not. “There seems…