SMITH v. PERKINS

No. 6919SC244.

168 S.E.2d 14 (1969)

5 N.C. App. 120

Lee R. SMITH, Next Friend of Christine Smith, Minor v. Mary Frances PERKINS.

Court of Appeals of North Carolina.

Certiorari Denied August 29, 1969.


Attorney(s) appearing for the Case

John Randolph Ingram, Asheboro, for plaintiff appellant.

Coltrane & Gavin, by W. E. Gavin, Asheboro, for defendant appellee.


FRANK M. PARKER, Judge.

This action to recover damages for personal injuries to a minor has been brought in the name of the next friend of the infant as the nominal party plaintiff. It should have been brought in the name of the infant, acting by her next friend. In such cases the next friend is not a party to the action as such, but is only representing the infant plaintiff under the control of the court. 1 McIntosh, N.C. Practice 2d, §§ 690, 691. However...

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