Where the plaintiff declares on a joint contract, and one defendant pleads infancy, the plaintiff cannot enter a noli prosequi and proceed against the other defendant in that action, but should commence a new action against the adult defendant only.
Citations:
[1800] EngR 3, (1800) 3 Esp 76, (1800) 170 ER 544 (A)
Links:
Contract, Children
Updated: 15 May 2022; Ref: scu.345779