37 Ala. 296 | Ala. | 1861
The. Code (§ 2036) declares, that “guardians may sue in their own names, for the use of the ward', in all cases where tile ward has an interest, and the judgment enures to ..his .benefit.” The amended complaint in. the present case discloses an interest in the ward; _ and if its averments be true, the judgment will enure to her benefit. The case, then, as made by th^ amendment,, is precisely within the letter of the section of the Code above copied, if that section, be not qualified by some other provisions of the Code. It is contended, that section,; 2132 qualifies section 2036, We think we give operation to the latter section, (2132,) when we declare that it would evidently govern.suits by infants who have no guardian. They “must sue by their-next friend.” Possibly there are other cases to which section,-2132 would apply.
We hold,, then, that; in suits like the present, the guardian “may sue in his- own name, for the use of the ward.
Section 2130 of the Code relates to suits “brought in the name of the person having the legal title, for the use of another.” A guardian, as such, has not the legal title of iiis ward’s estate ; and, hence, that section can exert no influence on suits like the present. —Sutherland v. Goff, 5 Por. 508 ; Hooks v. Smith, 18 Ala. 341.
Judgment affirmed.