Fellows v. Niver
New York Supreme Court
After plea pleaded, the defendant moved to set aside all proceedings on the part of the plaintiffs, on the ground that they are infants, and that the suit is prosecuted without the appointment of a prochein ami. It was shown on the part of the plaintiffs, that a prochein ami had been appointed since the commencement of the suit, but notice of the appointment had not been given to the defendant.
1Opinion of the Court
By the Court.
[564] [565] The statute under which this motion is made is as follows : “Before any process shall be issued in the name of an infant who is sole plaintiff in any suit, a competent and responsible person shall be appointed to appear as next friend for such infant in such suit, who shall be responsible for the costs thereof.” (2 R. S. 446, § 2.) The former statutes of 1801 and 1813, after providing that warrants of attorney shall be taken before a judge of the court in which an action may be depending, contained this provision: “ And when any infant shall sue, some next friend of…
2Cases cited1 opinion
- Wilder v. EmberNew York Supreme Court · 1834