The statutes in the different states regulate the proceedings which must be had when suit is brought against an infant, and in order to obtain a valid judgment against the infant, all the requirements of the law must be clearly followed. In general, a guardian ad litem must be appointed for the infant, and service made both on the infant and the guardian ad litem. An infant may sue through "his next friend."

An infant is a favorite with the courts of law. All matters against him must be strictly proven and cannot be waived or admitted by the guardian or other representative of the infant. The court will also not allow the infant to be prejudiced by any omission or oversight on his own part. An infant does not waive his rights by failing to comply with the ordinary rules of practice required of adults by the Appellate Courts. The court will protect his rights regardless of any technicalities. An infant may also set up a defense for the first time in the Appellate Court.

Neither guardian nor next friend can, by their action, prejudice or waive any of the rights of any infant. They cannot compromise a claim, nor agree to a judgment against the infant.

1 For a further treatment of the liability of an infant on his contract, see subject of Contracts.

The subject of the limitation of actions is entirely regulated by statute. Infants are generally expressly excepted from the operations of such statutes, but if not thus excepted, are bound thereby. If the statute of limitations has once begun to run it will not stop running because the right of action passes to an infant. In Illinois, an infant has two years after attaining his majority in which to bring an action which would otherwise be barred by the statute of limitations. Similar provisions are found in the statutes of many other states.