Majority
p. 311E. Colden, by Orlando J. Moore, her next friend v. Haskins and others. April 15, 1839.
Headnote
Practice. Security on change of next friend.On motion to strike out a next friend, that he might become a witness, the court required the new next friend to give security for costs already incurred.
Cause at issue; and petition, on the part of the complainants, showing that Orlando J. Moore, the next friend, was a material and necessary witness and praying that his name might be stricken from the bill and the name of John M. Bloodgood substituted in his place as next friend of the complainant, Eliza Golden.
Mr. H. M. Western, for the petitioner.
Mr. B. W. Bonney, objected to the motion, unless security
p. 312
were given for the costs already incurred, which were considerable.
Let an order be entered, that John M. Bloodgoood be substituted and appointed next friend of the complainant Eliza Golden ; and that the name of Orlando J. Moore be stricken out and hereafter omitted in the proceedings as such next friend, after the said John M. Blood-good shall have entered into a bond to the defendants in the sum of five hundred dollars, to pay the costs already incurred, in case such costs shall be adjudged to the defendants.