Supreme Court of Georgia, 1859

Jack v. Davis

Supreme Court of Georgia · Decided August 15, 1859 · Lumpkin

29 Ga. 219

Cases that cite this one

8 later published cases cite this decision.

Pardue Medicine Co. Inc. v. Pardue (Ga. 1942)
Cannon v. Whiddon (Ga. 1942)
Carroll v. Carroll (Ga. 1931)
Georgia State Bank v. Harden (Ga. Ct. App. 1924)
Huley v. Huley (Ga. 1922)
Maryland Casualty Co. v. Lanham (Ga. 1906)
Third National Bank v. Western & Atlantic Railroad (Ga. 1902)
Brown v. Equitable Life Assurance Society of United States (Minn. 1899)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Lumpkin J.

By the Court.

delivering the opinion.

[1.] We hold the Court was right in overruling plaintiff’s motion, to strike out defendants plea of set-off. And the case of Gerry vs. Perryman, (6 Ga. Rep. 119,) is conclusive upon this point.

[2.] The writ should not have been dismissed, but amended thus: “ Francis M. Jack by his prochein ami or guardian, *221ad litem, A. B. for the use of Jesse M. Butt, against James C. Davis.”

Infants should sue and be sued, in their own name, by guardian or next friend. And if an infant defendant will not appoint a guardian, the Court will do it for him.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.