Dean v. Halliburton

Order affirmed, with ten dollars costs and disbursements. This action was brought without permission of the court after the defendant Halliburton had been judicially declared incompetent by the court in North Carolina, and a committee of his property appointed *832in New York. The action was unauthorized and contrary to law, and might be restrained or the summons set aside upon motion, if the omission was brought to the attention of the court. This omission, under the circumstances, cannot be waived by the committee, as they were not properly before the court. The direction or consent of the…