29 F. 51 | U.S. Circuit Court for the District of Eastern Virginia | 1886
Lead Opinion
This is a bill filed by the complainant for an account, to which a plea of want of jurisdiction has been interposed. The facts, as they appear from the affidavits filed by the parties, and as they have been stated at bar by the respective counsel, are these: John G. Bethune, who at the time was a citizen of Virginia, having Blind Tom in his keeping, was, on the twenty-fifth day of July, 1870, by a probate court of this state, appointed Tom’s committee, he being found non compos mentis. As such committee, Bethune took Tom from place to place, through the various states of the Union, giving musical entertainments, so that he was seldom in Virginia. Finally John G. Bethune changed his place of residence from Viginia to the city of New York, taking Blind Tom with him, and became a.
Concurrence Opinion
I concur on the ground that the controversy in this case is really between the mother of Blind Tom, a resident of New York, suing as next friend, and a resident of Virginia, claiming to be Tom’s committee. Blind Tom, though nominally a party, is really the subject of the controversy, and is not party to the suit in such manner as, even if he were a citizen of, Virginia, should defeat the jurisdiction of the court, where the substantial controversy is between citizens of different states. In many cases the prochein ami is merely a nominal party plaintiff; but in others, of which the present is an example, the real plaintiff is the prochein ami. Where this is the case, to treat the incompetent party to the record as’ the real plaintiff would be to allow a technicality to obstruct the course of justice. Technicalities were devised for the promotion of justice between suitors. So long as they serve that end, they should be respected; but when they operate to defeat justice, they should be discouraged by the courts.
For these reasons, whatever may be true on the doubtful point, where was Blind Tom’s residence ? I am of opinion that this court has jurisdiction:to entertain this suit.