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Encyclopedia Britannica



NEXT FRIEND

This article appears in Volume V19, Page 632 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: NEW-NUM
NEXT FRIEND , in law, the phrase used for a person who represents in an action another person who is under
disability
  to maintain a suit on his own behalf. This
disability
  arises from infancy or mental incapacity, consequently every application to the
court
  on behalf of an infant or a lunatic must be made through a next friend (prochein amy, proximus amicus). Previous to the Married
Women
 's Property Act 1882 it was also usual for a married woman to sue by a next friend, but that act, allowing a married woman to sue in all respects as a feme sole, has rendered a next friend unnecessary in her
case
 . In the
case
  of an infant the father is prima facie the proper person to act as next friend; in the father's
absence
  the testamentaryguardian if any; but any person not under disability may act as next friend so
long
  as he has no
interest
  in the action adverse to that of the infant. A married woman cannot, however, act as next friend. An infant defends a suit, not by a next friend, but by a guardian ad litem. In the case of a lunatic, he sues by his committee, but if he has no committee, or if the committee has some
interest
  adverse to the lunatic, he sues by his next friend. A next friend has full
power
  over the proceedings in the action
as if he were an
ordinary
  plaintiff, but he is not entitled to be heard in person.


End of Article: NEXT FRIEND


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NEY, MICHEL

 


 

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