Next Friend - Definition - Law Dictionary Home Dictionary Definition next-friend

Definition :

Next friend. At law, an infant having a guardian might sue by his guardian, as such, or by his next friend, though he must always have defended by his guardian. In equity he sued by next friend, and not by guardian, and defended by guardian ad litem. A married woman, before the Married Women's Property Act, could not sue either at law or inequity unless her husband were joined.

Infants may sue as plaintiffs by their next friends in the manner practised before the Jud. Acts in the Court of Chancery (as to which see Dan. Ch Pr., 5th ed. p. 602), and may in like manner defend any action by their guardian appointed for that purpose by Ord. XVI., r. 16. The next friend of an infant is prima facie liable for the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly; but the next friend of a feme covert did not incur the like responsibility. [O. 32, r. 1, C.P.C.]

A married woman had, by Ord. XVI., r. 8, of the Rules of 1875, the same right of suing by a next friend as an infant, but the Married Women's Property Act, 1882, s. 1, sub-s. (2) ([repealed, reproduced and extended by Law Reform (Married Women and Tortfeasors) Act, 1935, s. 1], by allowing a married woman to sue in all respects as if she were a feme sole, has rendered the 'next friend' in her case unnecessary. See (English) R.S.C. 1883, Ord. XVI., r. 16. As to the capacity of a married woman to act as next friend or guardian ad litem, see A.P., 1937, notes to Order XVI., r. 16.

Persons of unsound mind sue by their committee or next friend, and defend by their committees or guardians appointed for that purpose. [(English) R.S.C. 1883, Ord. XVI., r. 17]