Bosch v Titley [1908] ZAHCORC 12 (1 April 1908)

Practice.-Pleading.-Plea in bar.-Minority.-Emancipation.-Costs

B, a minor whose father was dead, was living apart from his mother. He had been clerk to an attorney for four years, and was at the time carrying on business as a debt collecting agent on his own account. He brought an action for slander against T, who pleaded in bar that B was a minor and therefore had no persona standi in judicio. Held, that B had been tacitly emancipated. Held, further (WARD, J., dissenting), that as the plea was necessitated by B's own action, T was entitled to costs.