Jack v. Davis

Decided August 15, 1859

Supreme Court of Georgia · decided 1859-08-15

<p>[l.] The assignee of a chose ill action, not negotiable, takes it subject to all the equities, which existed between the assignor and the maker.</p> <p>[2.] An infant should always sue and be sued in their own name, and appear by guardian or next friend. And if an infant fail or refuse to appoint one, the Court at the instance of the plaintiff, will do it for him.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1859-08-15

How this case has been cited

Cited by 8 later decisions — most recently September 1942

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

— Lumpkin J.

¶1 By the Court.

¶2delivering the opinion.

¶3[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.

¶4[2.] The writ should not have been dismissed, but amended thus: “ Francis M. Jack by his prochein ami or guardian, *221ad litem, A. B. for the use of Jesse M. Butt, against James C. Davis.”

¶5Infants 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.