Majority
p. 270[513] Fitch vs. Fitch.
Headnote
A prochein ami should be appointed previous to the issuing of a capias at the suit of an infant •, but the proceedings will not be set aside if an appointment be made previous to the motion, and the costs of the motion be paid.A carias was issued at the suit of the plaintiff, who is an infant, previous to the appointment of a next friend, and on this ground a motion was made to set aside the proceedings. (2 R. S. 446, § 2.) It appearing, however, that since, the-eommencement of the suit a next friend had been appointed, the motion was denied, but the costs of the motion were directed to be paid by the plaintiff’s attorney. _