Chapman v. Giles

Duckworth, Chief Justice.

“Persons not sui juris may appear either by guardian or next friend or guardian ad litem appointed by the court. In the latter two cases the court may require such bond as shall protect the interest of the person under disability.” Code, § 37-1003. The foregoing clause expressly authorizes the maintenance of a suit in the name of a minor by next friend. It is not permissible, therefore, to question this statutory right. In the present case a suit in the name of the minor by next friend was, pursuant to the foregoing statute, duly filed at a time when the minor had no…