Collins v. Gillespy
Supreme Court of Alabama
Petition by Minor to Have Glorie and Register Poaj to Her Money Collected on Judgment in Her Favor. Appeal from Birmingham. City Court. Heard before Hon. Charles A. Senn. Action by Mamie Collins, an infant, by her next friend, against John S. Gillespy, as clerk of the city court of the city of Birmingham. From a judgment sustaining demurrers to the petition, plaintiff appeals.
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Petition by Minor to Have Glorie and Register Poaj to Her Money Collected on Judgment in Her Favor. Appeal from Birmingham. City Court. Heard before Hon. Charles A. Senn. Action by Mamie Collins, an infant, by her next friend, against John S. Gillespy, as clerk of the city court of the city of Birmingham. From a judgment sustaining demurrers to the petition, plaintiff appeals. Mamie Collins, a minor, by her next friend and father, recovered judgment in the Birmingham city court against the Birmingham Railway Light & Power Co. for the sum of $25 and the costs of the suit. This amount together…
1Opinion of the CourtDenson, J.
— “It is the general rule that no one but a regularly qualified guardian of an infant has authority to receive paymen t, and enter satisfaction of a judg ment recovered in favoi of such infant, and that a nexc ■friend has no such authority.” And although there are authorities which seem to take the contrary, view, this court has decided that a next friend has no such au*560thority.—Isaac v. Boyd, 5 Port. 388; Smith v. Redus, 9 Ala. 99, 44 Am. Dec. 429; 17 Am. & Eng. Enc. of Law (2d Ed.) p. 859, and cases in note 10. See, also, with respect of the office of a prochem ami, the following cases:…
2Cases cited6 opinions
- Riddle v. HannaSupreme Court of Alabama · 1854
- Isaacs v. BoydSupreme Court of Alabama · 1837
- Smith v. RedusSupreme Court of Alabama · 1846
- Cook v. AdamsSupreme Court of Alabama · 1855
- Thomason v. GraySupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
- Berrain v. KatzenCourt of Appeals of Maryland · 1993
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Hines v. SeibelsSupreme Court of Alabama · 1920
- Paskewie v. East St. Louis & Suburban Railway Co.Illinois Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.