Barrett v. Provincher
Nebraska Supreme Court
Error from the district court of Fillmore county. Tried below before Morris, J. cited: Stinson v. Leary, 34 N. W. Eep. [Wis.], 63; Huntsman v. Fish, 30 N. W. Eep. [Minn.], 455; Jacobs v. Fouse, 23 Minn., 51. cited: Marlow v. Lacy, 2 S. W. Eep. [Tex.], 52; Alford v. Halbert, 12 S. W. Eep. [Tex.], 75; Fortson v. Alford, 62 Tex., 580.
1Opinion of the Court
Eyan, C.
This action was commenced before a justice of the peace in Fillmore county, Nebraska, by the plaintiff in error, John Barrett, as guardian of Alanson Barrett, against the defendant in error, for the recovery of $72.30 for work and labor performed by Alanson Barrett for the defendant. The record recites that during the cross-examination of plaintiff it was developed that Alanson Barrett, his ward, was dead, and that thereupon counsel for the defendant moved the court to dismiss the case for the reason that the plaintiff had no legal capacity to sue. The motion was sustained and the…
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