Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 44

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...of law that a minor is incapable of waiving any of his rights, and that a guardian ad litem, or next friend, or an attorney for the guardian ad litem or next friend, can make no concessions or waivers of the minor's rights either by action or nonaction. (22 Cyc. 663; 10 Ency. of Pl. & Pr. 678.) The same duty rests upon the appellate court to look carefully after the interests of an infant asrests upon a trial court, and it is its duty to look carefully into the record and see that no errors have been committed which prejudiced the right of the appellant infant, no matter whether objections were made and exceptions taken or not; and if error can be found in the record, the judgment and order must be set aside. The rights of the appellant minor cannot be decided upon technicalities or failures of the guardian or his attorney to make proper objections, or take exceptions. (22 Cyc. 707, par. 4, and cases there cited; 10 Ency. of Pl. & Pr. 679; Barrett v. Moise, 61 S. C. 569, 39 S. E. 755; Kester v. Hill, 46 W. Va. 744, 34 S. E. 798; Jespersen v. Mech, 213 Ill. 488, 72 N. E. 1114; Spradlin v. Stanley's Admr., 24 Ky. 701, 99 S. W. 965; Glade Coal Min. C0. v. Harris, 65 W. Va. 152, 63 S. E. 873; Barnard v. Barnard, 119 Ill. 92, 8 N. E. 320; Boerum v. Schenck, 41 N. Y. 182; Taylor v. Rowland, 26 Tex. 293.) "Although no exception is taken, a decree against infants will be reversed for prejudicial error." (10 Ency. of Pl. & Pr. 731.) The sole question under the issues in this case to be determined by the jury was whether or not the driver was guilty of negligence. The fact that the plaintiff was in the habit of running after horses or wagons, or jumping upon them prior to the time of the accident, could have no...show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236737598
  • 9781236737595