Jeffrie vs. Joseph Robdoun
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freedom is well founded that have shall be given to the pe
titioner to sue as a poor person and the court shall assign the
petitioner Counsel in this Case no Counsel was assigned But
is given to sue by his next friend R Camp It is assu
med that the plaintiff was an infant and that R Camp was
the next friend This act respecting suits for freedom leaves
the common law as it was before its passage as to the
rights of infants to sue If counsel has been appointed
in this Case still the question how shall an infant appear
would be the subject of Consideration If counsel had
been appointed in the Case and no pretended next friend
had interfered then there would have been a binding judg-
ment until reversed We cannot sue how this Judgment
can be supported it is perhapse both erroneous and ir-
regular irregularity is no cause of reversal until the
court below have actiol on the irregularity that has been
done in this case

The Judgment is reversed with costs and remanded
to the Circuit CourtCircuit Court for further proceedings

M McGirk

George Tompkins

Judge WashWash having been counsel in this cause
gave no opinion.