Collins v. Toppin

Pitney, Y. C.

The bill in this cause shows that the complainant is insane and incapable of attending to her affairs; that she has not been so found by inquisition, and that she sues by next friend.

*382The bill does not state that the next friend has been appointed such by the chancellor, or that leave has been obtained to file the bill.

The demurrer states, as grounds, that the bill does not show that the next friend had been in any way appointed the guardian of the complainant, or had been admitted by order of the court to appear as her next friend.

In support of the motion to strike out the…