Any person who acts as next friend for an infant in any suit to recover any personal property, debt or damages, shall, if required by the court, execute a bond to such infant in double the amount claimed in such suit, with such sureties as shall be approved by the court, conditioned that such next friend shall account to such infant for all money or property which may be recovered in such suit. Such bond shall be delivered to and filed in the office of the clerk of the court in which said suit is pending.
History: Laws 1897, ch. 73, § 11; C.L. 1897, § 2685 (11); Code 1915, § 4082; C.S. 1929, § 105-203; 1941 Comp., § 19-608; 1953 Comp., § 21-6-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For definition of infant, see 38-4-13 NMSA 1978.
For age of majority, see 28-6-1 NMSA 1978.
For suits by or against infants or incompetents generally, see Rule 1-017 NMRA.
Structure New Mexico Statutes
Section 38-4-2 - [Several persons liable on contract, judgment or statute; parties defendant.]
Section 38-4-5 - [Suits against partners; joinder; enforcement of judgment; service of process.]
Section 38-4-6 - [Married woman.]
Section 38-4-7 - Infant; suits between spouses.
Section 38-4-8 - [Infants; bond of next friend.]
Section 38-4-9 - Costs in suit brought by certain representatives of infant.
Section 38-4-10 - Guardian ad litem for infant defendant.
Section 38-4-11 - Failure to apply for appointment of guardian ad litem.
Section 38-4-12 - Liability of guardian ad litem for costs.
Section 38-4-13 - Definition of "infant" as used in Sections 38-4-7 through 38-4-12 NMSA 1978.
Section 38-4-14 - Incapacitated person; definition.
Section 38-4-15 - Appointment of guardian ad litem to defend suit.
Section 38-4-16 - Compromise by guardian ad litem.