Bayard’s Notebook, 57.[*]
Supreme Court of Delaware, Kent County.
March, 1794.
READ, C. J., CLAYTON, J.
Plaintiff’s counsel offered Gilbert White as a witness. Objected by counsel for defendants that he was a guardian of the lessors of the plaintiff, appointed by the Orphans’ Court, and therefore incompetent. It was answered that he was no party to the record and therefore not responsible for costs and that he had nothing to gain or to lose by the event of the suit.
Sed, PER CURIAM.
A guardian appointed by the Orphans’ Court may prosecute a suit without a special admission. The guardian, though not of record, must be taken to support the suit and can seldom be free from an interest in the event.
Witness rejected.
Read, Fisher, and Miller for plaintiff. Ridgely an Bayard for defendants.
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