Manning v. Baylinson

Citations

• 68 Pa. Super. 512
• 1917 Pa. Super. LEXIS 158

Syllabus

<p>Minors — Next friend — Guardian ad litem — Judgment—Striking off judgment.</p> <p>Where a judgment has been entered against a minor for want of an answer, and the record shows that he was a minor when the action was begun, he may, by next friend, take a rule to strike oif the judgment and such rule will be made absolute. In such a case the judgment is void, because it was entered against a minor without the appointment of a guardian.</p> <p>An infant may sue by prochein ami because all the risk he runs is that of being amerced for costs, and these the next friend assumes to pay for him. But as a defendant he incurs the risk of loss of part of his estate, and for that reason he can only appear by some one under the obligation and responsibility of a guardian, general or ad litem.</p>