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NEXT FRIEND

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Originally appearing in Volume V19, Page 632 of the 1911 Encyclopedia Britannica.
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NEXT FRIEND , in See also:

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