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Next friend

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

The legal designation of the person by whom an infant or other person disabled from suing in his own name brings and prosecutes an action either at law or in equity; usually a relative. Strictly speaking, a next friend (or "prochein amy") is not appointed by the court to bring or maintain the suit, but is simply one who volunteers for that purpose, and is merely admitted or permitted to sue in behalf of the infant; but the practice of suing by a next friend has now been almost entirely superseded by the practice of appointing a guardian ad litem.

See McKinney v. Jones, 55 Wis. 39, 11 N. W. 606; Guild v. Cranston, 8 Cusbu (Mass.) 506; Tucker v. Dabbs, l2 Heisk. (Tenn.) 18; Leopold v. Meyer, 10 Abb. Prae. (N. Y.) 40.