Brown v. Crockett

Citations

• 8 La. Ann. 30

Syllabus

<p>By the Statute of Tennessee, a testamentary guardian may maintain an action of ravishment of ward, or trespass against any person who shall wrongfully take away, or detain the person of the ward, and may recover damages for the same in such action for the benefit of the minor.</p> <p>The tutor of a minor, deriving his authority from the law of their common domicil, has a right to exercise his personal actions everywhere.</p> <p>By the Statute of 1843, guardians of minors residing in other States of this Union, and duly appointed and qualified in such States, are entitled to sue for and recover any property, rights, or credits belonging to such minors within this State, upon producing satisfactory evidence of their appointment) without being under the necessity of qualifying as tutors according to the laws of Louisiana.</p> <p>A will admitted to probate in another State, and nominating a guardian to the minor heirs, and who has been duly recognized there, need not be probated in our Court, to allow the guardian to maintain an action for the wrongful abduction of his ward.</p> <p>Under the law of Tennessee, the father of a minor child has a right by last will and testament to name a guardian for her.</p> <p>A married woman is liable in damages to the injured party for any offence {debit) committed by her, and she is not relieved from liability by the fact of her husband’s presence, or concurrence.</p> <p>In an action for the wrongful abduction of a minor, the jury has a right to consider the mental pain inflicted upon the child as a legitimate subject of amend.</p> <p>The testimony of the plaintiff—suing for the benefit of the minor, and who has no pecuniary interest in the event of the cause, was admiss&ble. The objections would go only to his credibility.</p>