Baker v. Ormsby

Citations

• 5 Scam. 325

Syllabus

<p>Appeal from Gallatin.</p> <p>1. Guardian and ward — right of action. The record of a cause showed that a suit was commenced upon two promissory notes, before a justice of the peace, in the name of a guardian, but the record did not show whether the notes were made to the guardian or his wards: Held, that the reasonable presumption was that the notes were payable to the guardian, as such, and not to the wards ; and that if such was the case, he had an undoubted right to bring suit on the notes, in his own name, without stating for whom, or in what character he sued.</p> <p>2. Same — pleading office. In such a note the word “ guardian ” is only descripiio persona, and not necessary to be proved, arid therefore cannot be put in issue by plea in abatement, (a) </p>