Jack v. Davis

Supreme Court of Georgia

Jack v. Davis

29 Ga. 219

CourtSupreme Court of Georgia

DecidedAugust 15, 1859

StatusPublished

Cited by8 cases

This text of 29 Ga. 219 (Jack v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jack v. Davis, 29 Ga. 219 (Ga. 1859).

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Opinion

— Lumpkin J.

By the Court.

delivering the opinion.

[1.] We hold the Court was right in overruling plaintiff’s motion, to strike out defendants plea of set-off. And the case of Gerry vs. Perryman, (6 Ga. Rep. 119,) is conclusive upon this point.

[2.] The writ should not have been dismissed, but amended thus: “ Francis M. Jack by his prochein ami or guardian, [221]*221ad litem, A. B. for the use of Jesse M. Butt, against James C. Davis.”

Infants should sue and be sued, in their own name, by guardian or next friend. And if an infant defendant will not appoint a guardian, the Court will do it for him.

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— Lumpkin J.

By the Court.

delivering the opinion.

[1.] We hold the Court was right in overruling plaintiff’s motion, to strike out defendants plea of set-off. And the case of Gerry vs. Perryman, (6 Ga. Rep. 119,) is conclusive upon this point.

[2.] The writ should not have been dismissed, but amended thus: “ Francis M. Jack by his prochein ami or guardian, [221]*221ad litem, A. B. for the use of Jesse M. Butt, against James C. Davis.”

Infants should sue and be sued, in their own name, by guardian or next friend. And if an infant defendant will not appoint a guardian, the Court will do it for him.

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Bluebook (online)

29 Ga. 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-v-davis-ga-1859.

Opinion

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