Roberts v. Maddox

Decided July 15, 1843

Supreme Court of Arkansas · decided 1843-07-15

This was an action of assumpsit, determined in the Yan Burén Circuit Court in May, 1843, before the Hon. Thomas Johnson, one of the circuitjudges. Oba Roberts, an infant, by his guardian, George Counts, sued “John Maddox administrator,” &c. of Duke, H. Griggs.

Cited by 1 later decisions — most recently April 1846

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1843-07-15

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¶1By the Court,

Lacy, J.

¶2The declaration is defective in not alleging the proper breaches. It declares that neither the intestate in his life time, nor his administrator, since his death, has paid the hire to the infant; but it wholly omits to aver that they have not paid it to the guardian, who is the only person legally authorized to receive it. An infant, who has a guardian regularly appointed, can only act by or through such guardian; and therefore it is necessary to aver a nonperformance to the guardian. The demurrer was rightfully taken.

¶3Judgment reversed.