Next Friend - Law Dictionary Search Results
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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 s...
next friend
next friend : a person appearing in or appointed by a court to act on behalf of a person (as a child) lacking legal capacity ...
Entitled to act
Entitled to act, the following persons shall be deemed persons as and to the extent hereinafter provided (that is to say):-Provided that--(i) no person shall be deemed 'entitled to act' whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act.(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof.(iii) the provisions of Order 32 of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act.(iv) no person 'entitled to act' shall be competent to receive the compensation money p...
Amy, or Ami
Amy, or Ami [fr. amicus, Lat.], usually called prochein amy, the next friend (as distinguished from the guardian) suing on behalf of an infant. Infants sue by a next friend and defend by a guardian ad litem; see R. S. C. Ord. XVI. R. 16; also alien amy, a friendly alien....
Prochein amy
Prochein amy [proximus amicus, Lat.], the next friend or next-of-kin to a child in his nonage, who in that respect is allowed to deal for the infant in the management of his affairs; as to be his guardian if he hold land in socage, and in the redress of any wrong done to him. Consult Jac. Law Dict. see NEXT FRIEND....
Friendly societies
Friendly societies, associations supported by subscription for the relief and maintenance of the members or their wives, children, relations, and nominees, in sickness, infancy, advanced age, widowhood, etc. by the Friendly Societies Act, 1875 (38 & 39 Vict. c. 60), various prior statutes regulating these societies were in whole or in part repealed, and the law consolidated and amended. Such societies may be formed for providing payments on birth of a member's child, or on death of a member, or for relief and maintenance of members and their husbands, wives, children, etc., in old age or sickness, the endowment of members at any age, the insurance of tools against fire, or of cattle, for working men's clubs, or for any other purpose authorized by the Treasury. Before any such society can be properly established, its rules must have been transmitted to and approved of by the central office for the registration of Friendly Societies. The Act was amended in 1876 by 39 & 40 Vict. c. 32 as ...
family meeting
family meeting in the civil law of Louisiana : a formal extrajudicial meeting of relatives or next friends of a minor or interdict held esp. to advise a court, curator, or tutor ...
Receiver
Receiver, is a person appointed for the collection or protection of property. He is appointed either by the court or out of court by individuals or corporations, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 403, pp. 801.Receiver. (1) An officer appointed by the court to collect rents, etc., pending a suit. Receivers are appointed in actions for administration; in actions by mortgages or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so to do by the mortgage deed or by separate instrument, without having to apply to the court; and by s.19 of the (English) Conveyancing Act, 1881, reproduced and extended to mortgages of certain incorporated hereditaments, such as rentcharges or annual income, by the (English) Law of Property Act, 1925, s. 101, in the case of a mortgage executed on or after the 1st January, 1882, the ...
Void and voidable
Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...
Friend or agent
Friend or agent, a 'friend' who, in truth and substance, is a friend of the detenu may appear for the detenu but if such a 'friend' also happens to be a legal practitioner, he cannot, as of right, appear before the Advisory Board on behalf of the detenu. The same reasoning will apply to appearance by an 'agent'. In other words, if an 'agent' is in 'truth and substance' an agent, the detenu may appear through him. But if the 'agent' is a legal practitioner, appearance by him as of right will be barred. But a 'friend' or an 'agent' of the detenu who in essentially a comrade in the profession of the detenu for which he is detained, such a 'friend' or 'agent' will also be barred from appearance on behalf of the detenu, Devji Vallabhbhai Tandel v. Administrator of Goa, AIR 1982 SC 1029: (1982) 2 SCC 222: (1982) 3 SCR 553....
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