147 A. 617 | R.I. | 1929
This proceeding is by writ of error to the Superior Court, which was issued on the petition of Francis Flanagan, defendant in the above entitled action at law No. 67,513.
The record sent to this court shows these facts. April 9, 1926, May Keenan brought an action of trespass in the Superior Court against Francis Flanagan. After a jury trial, on February 9, 1927, a verdict for $775 was rendered for the plaintiff. A motion for new trial for defendant, on the usual grounds, was duly filed by the attorney who was conducting the defence. July 9, 1927, prior to the hearing of the motion for new trial, by leave of the court, said motion was amended by the addition of a fourth reason for new trial, namely, that the defendant was a minor, having been born January 26, 1909, and that no guardianad litem had ever been appointed to defend him. A certificate of birth was filed with the papers at the same time. *322
On September 25, 1929, the trial justice denied the motion for new trial. October 2 judgment on the verdict was entered; October 8, 1929, execution issued and on October 11, Flanagan was committed to the Providence County Jail on said execution.
An infant can not conduct his own defence; nor can he appoint an attorney. Rocks v. Cornell,
The court at that time should have appointed a guardian adlitem as soon as the fact of infancy was called to its attention. 14 R.C.L. 282 and cases cited. A new trial should have been granted as the defendant had not been legally represented at the trial; the verdict was voidable, not void. As no guardian was appointed the infant could not proceed by bill of exceptions.Valier v. Hart,
Judgment reversed and the action reinstated in the Superior Court for further proceedings in accordance with this opinion.