Next friend

A next friend is neither the agent nor attorney for his ward. An agent or attorney derives his authority as such from his principal, but an infant cannot appoint an agent and empower him to do an act which, in contemplation of law, he is himself incapable of doing. The next friend does not derive his authority from the infant, and his office does not rest on such authority, either express or implied. ... It is because the law regards an infant incapable of conducting a law suit in his own behalf that it has made provisions for the appointment of a next friend to act for him. The next friend derives his authority from the court which appoints him; and, as he is appointed to institute and conduct the suit, it follows that he has authority to do every act which the interest of the infant demands and the law authorizes.

One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person not sui juris. Same as prochein ami (q. v.)

One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person not sui juris. Where a person of unsound mind, not found so by inquisition, conveys his land by deed to another, the proper mode of proceeding in equity to have such deed cancelled, annulled, and made void is not by information exhibited by the attorneygeneral on the relation of others, but by a bill in the name of the incompetent person by a responsible next friend; Penington v. Thompson, 5 Del. Ch. 328, where the practice in such cases was elaborately discussed, both in argument and by Saulsbury, Ch., who pernext friend, and whose decision was affirmed on appeal, where the only question was the propriety of the amendment. It has been held in other states that such suit may be brought by next friend on behalf of a person not adjudged insane and having no guardian appointed; Holzlieiser v. R. Co., 11 Tex. Civ. App. 677, 33 S. W. 887; Gillespie v. Hauenstein, 72 Miss. 838, 17 South. 602; but in Ohio it was held that such action must be by guardian, not next friend; Row v. Row, 53 Ohio St. 249, 41 N. E. 239; and in Iowa that it could not be done independently of statute; Tiffany v. Worthington, 96 la. 560, 65 N. W. 817. In such cases the court may supersede a next friend by a guardian ad litem, and in its discretion stay proceedings instituted by the former; King v. Asylum, 64 Fed. 331, 12 C. C. A. 145. See Prochein Ami. Where an infant is so young as to be incapable of making a selection of a person to represent him, the court will permit any person to institute suit in his behalf, exercising, however, discretion to prevent any abuse of that right; Kingsbury v. Buckner, 134 U. S. 650, 10 Sup. Ct. 638, 33 L. Ed. 1047. A next friend may select one of several tribunals in which the infant’s case shall be tried and may elect to accept the jurisdiction of the federal court to which the case may be removed; In re Moore, 209 U. S. 490, 28 Sup. Ct. 585, 706, 52 L. Ed. 904, 14 Ann. Cas. 1161. The weight of authority is against the right of the next friend to receive payment of and satisfy a judgment recovered on behalf of an infant; Wood v. Claiborne, 82 Ark. 514, 102 S. W. 219, 11 L. R. A. (N. S.) 913, 118 Am. St. Rep. 89; Galveston Oil Co. v. Thompson, 76 Tex. 235, 13 S. W. 60; Collins v. Gillespy, 148 Ala. 558, 41 South. 930, 121 Am. St. Rep. 81; Tripp v. Gifford, 155 Mass. 108, 29 N. E. 208, 31 Am. St. Rep. 530 {dictum). A person of unsound mind who has not been adjudged insane, and for whom no conservator has been appointed, may bring a suit by next friend; Isle v. Cranby, 199 111. 39, 64 N. E. 1065, 64 L. R. A. 513. In a suit on behalf of an infant, by his next friend, the infant must be a plaintiff; Morgan v. Potter, 157 U. S. 195, 15 Sup. Ct. 590, 39 L. Ed. 670.

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.

Defined under Next in Black's Law Dictionary.

A person, usually a relative, not appointed by the court, in whose name suit is brought by an infant, married woman, or other person not aut juris.

A person, (v. guardian ad litevi), woman sues, and who Next of kin. 1. A civil law Buum in alterius injuriam: no one to another's injury. Nemo pr Eesumisuae prsetulisse: no man is preanother's posterity to his own. Nemo immemor suae aeternae salutia, et mazi-: no one is presumed to be unmindful of all at the point of death. Nemo no one is presumed guilty. Nemo prodefensionibus uti: no one is forbidden to Nemo prudens punit ut prsterita futura praeveniantur: no one punishes but to prevent what may be done. Nemo delicto: no man is punished for the fault sibi esse judex, vel suis jus dicere to be judge in cases where himself or Nemo tenetur ad impossibilia: [perform] impossibilities. Nemo tenetur, divinare, to divine [foresee]; edere instruto show instruments against himself [his in suam turpitudinem, to swear to his prodere, to betray himself; seipsum himself; seipsum infortuniis et pericuhimself to misfortunes and dangers. Nest: it is not, there is not. of. The common traverse or general issue simple contract. restatement of a cause of action with more to the defendant's plea; as when the deone of several trespasses; or if he pleaded plaintiff grounded his action on excess. of a case, after verdict, before another usually a relative, not appointed by court in whose name au infant or married becomes responsible for costs. person's nearest relatives according to the 2. The relatives of decedent eatitled to Niefe.yj-. v. Naif. A female villein. Nient,/n Not; nothing; t. Neint. Nient comprise: not included. Nient culpable: not guilty, the general issue. Nient dedire (to deny nothing): to suffer judgment by default. Nient le fait: not the deed; v. Non est factum. Nient seisi: not seised.