Cook v. Adams
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pickens. Tried before the Hon. Turner Reavis. MotioN to dismiss the appeal, because the appellant, in whose name it was sued out, appears by the affidavits here filed in support of the motion to be an infant, who here assigns errors by attorney. The appellant was defendant below, and was sued by the appellee, in an action on tbe case, to recover consequential damages for a tort.
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Appeal from tbe Circuit Court of Pickens. Tried before the Hon. Turner Reavis. MotioN to dismiss the appeal, because the appellant, in whose name it was sued out, appears by the affidavits here filed in support of the motion to be an infant, who here assigns errors by attorney. The appellant was defendant below, and was sued by the appellee, in an action on tbe case, to recover consequential damages for a tort. Judgment was rendered against the defendant below; but he excepted to several rulings of the court, which are set out in the bill of exceptions, and whicNhe here seeks to revise ;…
1Opinion of the CourtChilton, C. J.
Motion is made in this case to dismiss the appeal, on the ground that it appears to be sued out by an infant, and the errors are here assigned by attorney. The fact of appellant’s infancy is conceded by the counsel, and is also clearly shown by an affidavit submitted with the motion.
It is to be regretted that our statute law does not more clearly point out the mode by which appeals shall be taken, in cases where judgments have been rendered against infants. The Code provides, that infants must sue by their next friend, and be defended by a guardian, to be appointed by the court. § 2132. This…
2Cases cited2 opinions
- Mazange v. SlocumSupreme Court of Alabama · 1853
- Strode v. ClarkSupreme Court of Alabama · 1847
3Cited by11 opinions
- Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908
- Thompson v. LeaSupreme Court of Alabama · 1856
- Finch v. FinchSupreme Court of Alabama · 1985
- Anders Bros. v. LatimerSupreme Court of Alabama · 1917
- Collins v. GillespySupreme Court of Alabama · 1906
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