Haines ex rel. Seeley v. Oatman

Whipple, J.,

delivered the.opinion. This is an action of ejectment. Upon the return of the declaration served, a motion was made by the defendant to dismiss, on the ground that Seeley had no authority to prosecute as next friend of Haines, who is an infant. Nothing appeared on the record of the court showing that any application was ever made for the appointment of a prochcin amy; or that, in point of fact, any appointment was made.

An infant, not having the power to appoint an attorney, must sue by a prochcin amy. In order to constitute a prochcin amy, the practice in England is, for the…