606 ARTICLE 16

Insane person, for whom committee had been appointed, should be made party to suit
to rescind insurance policy for misrepresentation. Life Ins. Co. v. Hartle, 165 Md. 127.
See notes to art. 75, sec. 153.

An. Code, 1924, sec. 161. 1912, sec. 146. 1904, see. 137. 1888, sec. 124. Rule 14.

168. Upon return of process as served, or upon proof of due publica-
tion 'of the order of publication as against non-resident defendants, the
court shall, in case of infant or non-sane defendant, on application of the
plaintiff, or any other party concerned, by order, either require the legal
guardian or committee of the infant, or non-sane defendant (if there be
such guardian or committee within the jurisdiction of the court) to appear,
answer and defend for such party, or appoint a guardian ad litem to answer
and defend the suit for such party. And in. appointing guardians ad litem,
no person shall be appointed who may have any interest whatever involved
in the suit adverse to that of the party so under disability. The court or
judge thereof may in any case, where it may be deemed necessary, appoint
a solicitor to appear and defend for any infant or non-sane defendant. All
commissions for taking answers or to plead shall be and they are hereby
abolished.

Where an alleged lunatic is a non-resident, and a copy of the petition to declare her
insane was served upon her by the order of a county judge in New York and before
the petition was filed here, no sufficient service is had upon her. This section referred to
in construing sec. 129—see notes thereto. Willis v. Hodson, 79 Md. 329.

A fee of a solicitor for infants appointed under this section, upheld. De Beam v.
Winans, 115 Md. 152.

See notes to sec. 167.

An. Code, 1924, sec. 162. 1912, sec. 147. 1904, sec. 138. 1888, sec. 125. Rule 9.

169. All infants and other persons under any disability to sue, may
sue by their guardian or committee, if any, or by their prochein ami;
subject, however, to such orders as the court or judge thereof may direct
for the protection of infants and other persons; but before the name of
any person shall be used in any suit to be instituted as next friend of any
infant or other party, or as relator in any information, such person shall
sign a written authority to the solicitor for that purpose, and such authority
shall be filed with the bill or other proceeding.

This section applies to persons non compos. Where the interest of a non compos
involved in litigation is in conflict with that of his committee, the court will appoint a
next friend to conduct such litigation; notice to the committee. In re Paca, 140 Md. 51.

This section referred to in deciding that the orphans' court may remove a next friend.
Reichard v. Izer, 95 Md. 466.

In suit by child against its father, failure to file written authority of next friend to
solicitor immaterial, and costs in case should be paid by father. Yost v. Yost, 172 Md. 135.

Cited but not construed in Sloan v. Safe Deposit Co., 73 Md. 244.

See art. 72A.

An. Code, 1924, sec. 164. 1912, sec. 149. 1904, sec. 140. 1888, sec. 127.

170. Upon service of process, or notice given by publication, as the
case may be, the adult defendants, not being insane, shall appear and file
their answer, plea or demurrer, to the bill or petition, within the time
allowed by this article, or by the terms of the order of publication, or
special order for the extension of time; and in default of appearance, or of
answer, plea or demurrer, after appearance within the time allowed, the
plaintiff may, at his election, obtain an order as of course, that the bill
be taken pro confesso as against such defendants; and thereupon the cause
shall be proceeded with ex parte as against the defendants so in fault; and
the matter of the bill or petition may be decreed by the court or judge thereof