
    Ball, by next friend, v. Miller.
    1. Infant: action by next eriend: dismissal by court. Where an infant brought an action by his next friend, and the court dismissed the action upon the finding of record that “said action is not being prosecuted for the benefit of said minor, and that the further prosecution of said action is not for the best interest of said minor,” held that the dismissal was warranted by section 2565 of the Code, and that, in the absence of a showing to the contrary, the findings of the court must be presumed to have been made upon sufficient evidence.
    
      Appeal from Guthrie Ci/rcuit Court.
    
    Friday, October 20.
    Action to recover for the negligence and want of skill of defendants who are surgeons, in treating a broken arm of the infant plaintiff. After answer of defeudants denying the allegations of the petition, the court dismissed the action upon a stipulation signed by tbe next friend, who prosecuted tbe suit for tbe infant. Tbe plaintiff appeals.
    
      II. E. Iong> for appellant.
    
      A. Mill and Charles S. Fogg, for appellee.
   Beck, J.

I. Tbe next friend of tbe plaintiff filed in tbe court a paper reciting that he was satisfied no recovery could be bad in tbe case, and that there was no valid cause of action, and that it was for tbe best interest of tbe plaintiff to dismiss tbe action. Tbe paper shows tbe receipt of $50, paid in consideration of the dismissal of the case and in payment of all claims set up in tbe petition, and directs tbe case to be dismissed. Tbe case coming on for bearing upon this paper, tbe court entered an order dismissing tbe action upon a finding, entered of record with the order, that “said action is not being prosecuted for tbe benefit of tbe said minor, and that tbe further prosecution of tbe action is not for tbe best interest of the minor.”

Code, § 2565 provides that “tbe action of a minor must be brought by bis guardian or next friend; but tbe court has power to dismiss it, if it is not for tbe benefit of tbe minor.”

Under this provision tbe court was authorized to dismiss tbe action upon tbe finding above set out. Tbe correctness of tbe finding cannot be questioned in this court, as tbe record does not disclose tbe evidence upon which it'was made. We will presume that it was supported by tbe facts before tbe court. The judgment of the Circuit Court must be

Affirmed.  