Except as provided by the Nebraska Probate Code, section 43-104.05 , and sections 43-4801 to 43-4812 , the action of an infant shall be commenced, maintained, and prosecuted by his or her guardian or next friend. Such actions may be dismissed with or without prejudice by the guardian or next friend only with approval of the court. When the action is commenced by his or her next friend, the court has power to dismiss it, if it is not for the benefit of the infant, or to substitute the guardian of the infant, or any person, as the next friend. Any action taken pursuant to this section shall be binding upon the infant.
Neb. Rev. Stat. § 25-307
Suit by infant, guardian, or next friend; exception; substitution by court
Applied in 3 court decisions — leading case MacKu by and Through MacKu v. Drackett Prod. Co. (1984)
Most recently applied in 17 Neb. Ct. App. 353 - Goodwin v. HOBZA (February 2009)
R.S.1867, Code § 36, p. 398; R.S.1913, § 7588; C.S.1922, § 8531; C.S.1929, § 20-307; R.S.1943, § 25-307; Laws 1975, LB 480, § 1; Laws 1975, LB 481, § 10; Laws 2006, LB 1115, § 1…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.