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September 2004

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"Research and writing about Virginia genealogy and family history." <[log in to unmask]>
Date:
Sat, 18 Sep 2004 18:28:43 -0500
Reply-To:
Paul Drake <[log in to unmask]>
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From:
Paul Drake <[log in to unmask]>
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To: acottrell <[log in to unmask]>
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Interesting case, James; As said, a "Next Friend" is someone appointed by the court (usually someone selected or nominated for that task by the family of a minor child), that Friend's obligation being to file and carry through with a lawsuit for the child.  Children, usually under 21, and sometimes under 18, were not permitted to file suit in their own behalf.    

In your case, Franky's "Next Friend" (apparently related, and maybe a parent) filed the lawsuit against Donoho; the parent, or whoever that Davis was, then failed to pursue the matter in behalf of young Franky as was his duty; then the case is dismissed and the defendant says, 'hey, I want my expenses and costs incurred defending myself'; the court agreed. 


  Page 281, 29th of October 1782 of County Orders. 
  Franky Davis an infant by John Davis, her next friend, against James Donoho.  Suit is dismissed by plt brought her next friend aforesaid failed to proceed and it is ordered by the court that the defendant recover against said John Davis his costs by him about his defense in the matter expended.

  What might next friend indicate?

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