Hamilton v. Foster

Decided April 15, 1805

Supreme Court of South Carolina · decided 1805-04-15

Action of trespass for taking a inure, tried in Abbeville district, before Bay. 3. 1 he motion lor a new trial was abandoned, and ihe defendant relied on the motion in arrest: on the ground, that it appeared, by th#' record of the proceedings in the cause, that the action was brought,as well as prosecuied, in the name of Little J mies Hamilton, friend and guardian of A. M. Hamilton and that it did not appear, that L; J. Hamilton was ever admitted, by the couit, to prosecute…

Decided 1805-04-15

¶1Per Cur.

(Grimke, Watiks, Brevard,and Wilds, Justices,)

¶2af; ter verdict, u i- too hue to take advantage of the error in the form of the process. The cause el action is defectively set forth, but the title to recover is substantially stated,- and- appears to be sugj» *465cient. The action appears to be brought for, and in behalf of the infant, and to have been prosecuted by his next friend and guardiau. This court will not intend that the guardian was not specially admitted, by the district court, to prosecute for the infant, but the contrary: and the general rule is, that a verdict cures a title defeclively set out, although it will not cure a defective title. See 1 Suppl. Vin. Abr. 234.

¶3Motion refused.

Present, Grimke, Waties, Bay, Brevard, and Wilds, Jus, tices; Trezevant, J. absent.