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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.


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