Groff v. Groff

Decided May 15, 1810

Supreme Court of New Jersey · decided 1810-05-15

OH CERTIORARI. - A guardian may be appointed for infant plaintiff, after process issued. The counsel for the plaintiff in certiorari, moved to reverse the judgment of the justice. 1st. For that the name of the plaintiff below was not in the caption to the state of demand; but only that of the defendant.

Decided 1810-05-15

By the Court.

¶1It is marked on the back by the justice, “plaintiff’s state of demand;” that is sufficient to designate it.

¶22d. It was then contended that the action was brought by an infant, and the process sued out in his own name, without a guardian or prochein ami.

¶3[f]

By the Court.

¶4It is the common practice; it is sufficient if the guardian or prochein ami is appointed before declaration; and this has been regularly done in both cases.

¶5Let judgment be affirmed.