§ 25-308 — Action by guardian, conservator, or next friend; liability for costs; security; witness

Nebraska § 25-308

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

The guardian, conservator, or next friend is liable for the costs of the action brought by the guardian, conservator, or next friend, and when he or she is insolvent, the court may require security for the costs of the action. The guardian, conservator, or next friend may be a witness in an action brought by the guardian, conservator, or next friend.

Legislative History

Source: R.S.1867, Code § 37, p. 399; R.S.1913, § 7589; C.S.1922, § 8532; C.S.1929, § 20-308; R.S.1943, § 25-308; Laws 1975, LB 481, § 11; Laws 2006, LB 1115, § 11. Annotations: Costs cannot be taxed against guardian ad litem in a case brought by another against a minor or incompetent. White v. Ogier, 175 Neb. 883, 125 N.W.2d 68 (1963). A guardian or next friend is liable for the costs of an action brought by him. Peterson v. Skiles, 173 Neb. 470, 113 N.W.2d 628 (1962). Liability for costs may cause next friend to be incompetent to testify as to transaction with deceased person. Fincham v. Mueller, 166 Neb. 376, 89 N.W.2d 137 (1958). An action of an infant must be brought by his guardian or next friend, who alone is liable for costs, and the infant is not liable to a judgment therefor. Kleffel v. Bullock, 8 Neb. 336 (1879).