Abbott v. Abbott

This action was commenced in the name of a minor by her mother, designated in the title as “guardian”, and, it was said, by another person called an attorney in fact. No appointment as guardian was alleged or proved. The mother, however, was the natural guardian and assumed all the duties and liabilities, and became subject to all the obligations and restraints of a next friend.

The action was for the benefit of the infant, and the mother was as substantially a next friend,, so far as the conduct of the cause was concerned, as if she had been so described; and since the trial court has…