89 Tenn. 664 | Tenn. | 1891
This is an action for damages against the Louisville & Nashville Railroad Company for
It has been frequently decided that the right to bring suit in forma pauperis, as conferred by the Act of 1821, carried into the Code as §3192, was a right personal to the plaintiff, and that a plaintiff suing in a representative capacity could not avail himself of the privilege.
So in Green v. Harrison, 3 Sneed, 131, it was held that neither the guardian or next friend of an infant could avail himself of it. Nor can a guardian ad litem of an infant (Musgrove v. Lusk, 5 Bax., 684); nor a married woman when suing by next friend (Gorman v. Flynn, September Term, 1869. Cited by Judge Cooper and approved in
In Johnson v. Hunter, 9 Bax., 185, it was held that a qui tam action could not be prosecuted without bond and security. In this case Judge Deaderick, for the Court, said that “the statutes, and the oath to be taken in prosecutions without giving security, seem to contemplate a provision for the purpose of affording poor persons a means for enforcing their personal rights, or redressing some wrong or injury personal to themselves.”
As one-half of the recovery in a qui tam action went to the State, it was held not to be such a personal action as contemplated by the statute. By the subsequent Act of 1871, found in revisal of (M. & V.) Code, at' § 3918, guardians of idiots, lunatics, and persons of unsound mind were permitted to sue upon taking a, form of oath therein prescribed. So by Act of 1889, Ch. 105, the next friend of an infant plaintiff is . permitted to sue without bond upon taking an oath prescribed by that Act.
These amendatory acts do not extend to suits by • administrators, and only strengthen- the construction of the Code as conferring a mere personal privilege.
The case of Huskey, Adm’r, v. Lanning, 8 Bax., 187, is relied upon by plaintiff as an authority supporting his view of the question. We do not think that that case decides the question now
Dismiss the writ with costs.