The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-06

nod epud ilsga 10 Ia compiled WltIi
Ygt ! gptiid ngt hold tllat u itiNst ht
uorB III gfltlNg, although 1T tilU
present time tic practice Is 10 have
n Justice Of the Court endorse on
The petition the appolttihent Of II
guardian al Item or n pr0chttM
ami. find endorsed on the petition
an order for process to issue, naming
the time and place of hearing, and
also that public notice be given for
three weeks in the Hawaiian Gazette
TO all parties interested; this order
is signed by Mr.. Justice Robertson,
the petition setting out the names of
the parties plaintiff, including Ka-
mchaokolani by Malalhi her next
friend, was before the Justice at the
time and can it not be fairly said,
that in making this order the Justice
gave his sactlon to Malaihi appear
ing as next friend of the minor ka-
mehaokalani. The rule does not re-
quire the appointment of a procheim
mi or next friend, 1t only requires
the sanction of the Court, or JUS
ticc thereof, for q person TO sue in
that capacity. 1t seems to me by
allowing process to issue on that pc
tilion, the Justice gave his sanction,
and that the minor kamchaokalani
was properly represented in Court.
The legal presumption Certainly at
this distance of time), is, that all
things, in a judicial proceeding
which ought to be done, were done.
| find in the record of the former
case, that Mr.. &. G. Harris, one of
the respondents, referring to the
minors says: "Kamehaokalani is
still minor and here by next
friend" But counsel for Mrs. llaa-
lelca, the respondent in this case,
contends that even the utter failure
to procure the appointment of next
friend is only an irregularity to he
taken advantage of by motion at the
time, and does not affect the juris-
diclion of the Court.
The Court entertained jurisdiction
in the former case.
1.-The general rule is that the
omission TO procure the appointment
of guardian procheim uni for the
infant plaintiff is no ground for
non-suit and can only be taken adj
vantage of as an irregularity by
notion"
cit is not indispensable in all cases
that the proceedings show u formal
order of Court admitting q next
friend or guardian to prosecute the
suit for an infant plaintiff; the leave
of the Court may he inferred from
its entertaining the action in its early
stages"
Tyler on Infancy and Overture
2 Ed. PIP. 1876 and 1917.
There are number of cases citet
in support of the above.
can infant is bound by decree
IN Il cause where he is plaintiff, ant
after coming of age he is not allowed
by new bill to dispute anything
that was done during his minority
The rule of law is, that an infant i.
as much bound by judgment in hi
own action as person of full age
Gregory VS.. Wordsworth 8 Atk
G26.
Chitty Equity Index Vol. 5, p
1853.
1t is contended that in any cas-
of improper action by II prochein
: ami, where the infant might obtai
: relief, the application to the Cour
, must be made by the infant prompt
/, on becoming of age, otherwise th
infants silence will amount TO
| confirmation. This contention
, understand to be correct, perso
cannot sleep on their rights for a
: time. In this case the infant VIII
, was sixteen years of age at the tim
; the former case was decided, live
| until 1882, consequently she sler
| on her rights Of she had any fo
about sixteen years, remaining siler
: up to the time of her death; an
+ her husband the petitioner has re
: NAMED silent for about eight years
t In the case of Thurston VS.. Bisho
VII. Hawaiian Repts., the Coul
, held that il was the duty of mino
to assert his claim within a reason
9 able time after his coming to fu
: age.
$ After careful examination {
G this case, and of the authorities,
. consider that the petitioner is cstol
$ ped from what would amount to
, rehearing of the original petition
| the case before Mr.. Justice Robcr
! son. Both that petition and the OF
in this case allcge the Same ground
r why the probate should be revoked
viz: That the will was q forgery.
: The plea in bar is sustained.
l G. l.. Carter for petitioner, j, n
n Davidson for Queen Kapiolani, ]
: M. Hatch far Mrs. lIaalelca,
' RICHD. +. BICKERToN,