Staton v. Bryant

Opinion by

Judge Pryor:

Whatever may be the proper construction of the section of the ■code requiring the next friend to make the affidavit required, preliminary to the institution of the action by the infant, it is sufficient to say that it was too' late after answer filed to make the motion to dismiss the action for want of the affidavit. The appellee says that his answer was not filed, but lodged in the clerk’s office during vacation ; and, while this is true, it also appears that after filing the answer with the clerk the appellee proceeded to take depositions upon notice to the appellant,…