Horace Gray

“ The first question certified is, 'Does the foregoing bill of complaint state a case entitling the complainants named therein, or either of them, to any form of relief in the circuit court of the United States for the district of Kansas?'
The authority of a guardian, like that of an executor or administrator, appointed by a court of one state, is limited to that state, and he cannot sue in a court, even of the United States, held within any other state, except so far as authorized to do so by its laws. ”

“ It is the infant, and not the next friend, who is the real and proper party. The next friend, by whom the suit is brought on behalf of the infant, is neither technically nor substantially the party, but resembles an attorney, or a guardian ad litem, by whom a suit is brought or defended in behalf of another. ”

“ Robert Morgan, described in the bill as 'a nonresident of' the state of Kansas, was the minor son of Joseph Morgan and Sarah Lee Morgan, his wife, who, as the bill alleged, after the father's death in Texas in 1883, moved with her infant son to the state of Kansas, and thence, in October, 1886, to Warren county, in the state of Kentucky, and since continually resided there with him, and in February, 1887, was there married to one Williams, a resident of that county. ”