A carias was issued at the suit of the plaintiff, who is an infant, previous to the appointment of a next friend, and on this ground a motion was made to set aside the proceedings. (2 R. S. 446, § 2.) It appearing, however, that since, the-eommencement of the suit a next friend had been appointed, the motion was denied, but the costs of the motion were directed to be paid by the plaintiff’s attorney. _