Amicable Action

An action e by agreement of parties. This practice prevails in Pennsylvania. When entered, such action is considered as if it had been adversely commenced and the defendant had been regularly summoned. It presupposes that there is a real dispute between the panics, an actual controversy and adverse interests. The parties, to save needless expense and troul le, agree to con- 10G7; Adams v. R. Co., 21 R, I. 134, 42 Atl. 515, 44 L. R. A. 275; Ex parte Steele, 102 Fed. 094. It differs entirely from a "Moot" Case (q. v.). An agreement between a county and a proposed buyer of its bouds to prosecute a made-up case to settle the question of the validity of the bonds, prior to issue, at the expense of the couuty, is void; Van Horn v. Kittitas County, 112 Fed. L See Case Stated. AMICUS CURI/E (Lat. a friend of the court). In Practice. A friend of the court One who, for the assistance of the court, gives information of some matter of law in regard to which the court is doubtful or mistaken; such as a case not reported or which the judge has not seen or does not, at the moment, recollect; 2 Co. Inst 17S; 2 Viner, Abr. 475. This custom cannot be traced to Its origin, but is immemorial in the English law. It Is recognized in the Year Books, and it was enacted in 4 Hen. IV. (1403) that any stranger as "amicus curiae" might move the court, etc. Under the Roman system the Judex, "especially if there was but one, called some lawyer to assist him with their counsel" "sibi advocavit ut in consilio adessent;" Cic. Quint. 2 Gell. xiv.

2; Suet. Lib. 33.

There was in that day also the "amicus consiliari," who was ready to make suggestions to the advocate, and this "amicus" was called a "ministrator;" Cic. de Orat. II.

75.

This custom became incorporated in the English system, and it was recognized throughout the earlier as well as the later periods of the common law. At first suggestions could come only from the barristers or counsellors, although by the statute of Hen. IV. a "bystander" had the privilege. The custom included instructing, warning, informing, and moving the court. The information so communicated may extend to any matter of which the court takes judicial cognizance; 8 Coke 15. It is not the function of amicus curia to take upon himself the management of a cause; Taft v. Transp.

Co., 50 N. H. 410; In re Pina's Estate, 112 Cal. 14, 44 Pac. 332; Parker v. State, 133 Ind. 178, 32 N. E. 830, 33 X. E. 110, 18 L. R. A. 507; or to proceed by error or appeal; Martin v. Tapley, 119 Mass. 110; or demurrer; Ex parte Henderson, 84 Ala. 30, 4 South. 2S4; or for a rehearing; People v. Loan Ass'n, 127 Cal. 400, 58 Pac. 822, 59 Pac. 092.

Any one as amicus curice may make application to the court in favor of an infant, though he be no relation; 1 Ves. Sen. 313; and see Williams v. Blunt, 2 Mass. 215; In re Green's Estate, 3 Brewst. (Pa.) 427; In re Guernsey's Estate, 21 111.

443.

Any attorney as amicus curice may move the dismissal of a fictitious suit; Haley v. Bank, 21 Nev. 127, 20 Pac. 04, 12 L. R. A. 815; Birmingham Loan & Auction Co. v. Bank, 100 Ala. 249, 13 South. 945, 40 Am. St. Rep. 45; Judson v. Jockey Club, 14 Misc. Rep. 5G2, 30 N. Y. Supp. 128; In re Guernsey's Estate, 21 111. 443; or one in which there is no jurisdiction; Williams v. Blunt, 2 Mass. 215; In re Columbia Real Estate 590; or move to quash a vicious indictment for in case of trial and verdict judgment must be arrested; Comberb. 13; or suggest an error which would prevent judgment when the absence of the party prevented a motion in arrest; 2 Show. 297. He may be allowed a reasonable compensation to be taxed by the court; In re St Louis Institute of Christian Science, 27 Mo. App. 033. The intervention may be by affidavit; Ex parte Guernsey's Estate, 21 111.

443; motion; Haley v. Bank, 21 Nev. 127, 20 Pac. 04, 12