Summary

Portrait of David Josiah Brewer David Josiah Brewer In re Moore — Opinion of the Court

That a next friend may select the tribunal in which the suit shall be brought is clear. While he may do nothing prejudicial to the substantial rights of the minor, yet the mere selection of one out of many tribunals having jurisdiction cannot be considered as an act to the latter's prejudice. Certainly the election to accept the jurisdiction of a court of the United States is not an act prejudicial to substantial rights.
Source: Wikisource

Portrait of David Josiah Brewer David Josiah Brewer In re Moore — Opinion of the Court

The next friend derives his authority from the court which appoints him; and, as he is appointed to institute and conduct the suit, it follows that he has authority to do every act which the interest of the infant demands and the law authorizes. If this statute is to be considered so strictly as to deny the next friend the authority to make an application for a change of venue, then we necessarily deny to infants, who are unable to act for themselves, the equal protection with other litigants that the statute was designed to afford.
Source: Wikisource

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