NEXT FRIEND. An adult person, other than a guardian ad !item, who represents in an action another person who, by reason of infancy or other disability, is not legally competent to maintain the suit in his own behalf. The prac tice of permitting an incompetent person to sue by his next friend originated in England. where it was first authorized by the 'Statute of West minster' passed in the reign of Edward I. l're vions to that time an action in favor of an in fant or other incompetent person could only conducted by his regularly appointed guardian. The Norman-French term procbein anti, of which 'next friend' is the English equivalent, was em ployed in the above statute, and continues in use in many jurisdictions to-day. There is very little difference between the functions of a guar dian ad liters and a person who sues as next friend, except that the latter usually represents a plaintiff, and in some jurisdictions the former is only appointed to represent a defendant.
A next friend is not a party to an action, but acts solely in a representative and advisory ca pacity. It follows, therefore. that most of the rules governing parties. as that the admissions
of a party bind him, ete., do not apply to a next friend. ile is. however, subject to such rules as relate to the conduct of the ease. A next friend is considered as an officer of the court where he is appointed to protect the interests of an incompetent defendant. In some States where an infant is otherwise represented by a guardian, he may sue by a next friend to compel 1111 accounting by the guardian where there is reason to believe that the latter is guilty of a breach of trust. In a few jurisdietions married women and persons of unsound mind may site by a next friend. Usually, however. lunatics and those who are mentally incompetent are repre sented by committees or guardians. An action commenced by a next friend cannot lie discon tinued or settled without the consent of the court. A next friend only represents the incom petent during the litigation, which, however, is not considered as ended until an appeal is de termined or the right to appeal has expired. See COMMITTEE; GUARDIAN; Ixi NT ; LUNATIC: