Bond v. Dillard

Citations

• 50 Tex. 302

Syllabus

<p>1. Suits by infants.—Suit was brought by minors by next friend. The party named as next friend was dead at the institution of the suit. By amendment, another party to the suit was named as next friend. The party so named took a nonsuit, and at a subsequent term was allowed to intervene. Neither in the nonsuit nor intervention was any action taken or attempted in behalf of the minors. Judgment was rendered for the minors : Irregular and a ground for reversal.</p> <p>2. Special guardians—Statute construed.—'Under the statutes of 1870 and 1876 it is made the duty of the court to appoint a special guardian for a minor in a suit pending or about to be commenced, in which such minor is a party. The rule applies to minor plaintiffs equally as to defendants.</p> <p>3. Jurisdiction op District Court.—Suit on a guardian’s bond, where damages claimed exceeded $500, held to have been properly retained in the District Court after act of August 18, 1876, providing for removal, &c., of “proceedings in guardianship,” &e., to the County Court. (Acts loth Leg., p. 173.)</p> <p>4. Misjoinder op actions.—In a suit by several wards, on the bond of their guardian, for its breach, it is not a misjoinder of causes of action to allege conversion by the guardian of moneys belonging jointly to the plaintiffs, and the conversion of personal property belonging to one of the plaintiffs.</p>