Minor v. Betts
New York Court of Chancery
This was an application to appoint the register of this court guardian ad litem of infant defendants in a partition suit; the infants living out of the state and having been proceeded against by advertising under the statute.
1Opinion of the Court
The Chancellor.
The only question in this case is, as to the power of the court to appoint the register guardian ad litem of an infant defendant, in a partition suit, without security, under the provisions of the act of 1833, when the infant resides out of the state, so that notice of the application cannot be given to him, or to his general guardian, as required by that act. There is no doubt as to the power of the court to appoint any of its officers the guardian ad litem in such a case, although no one but a register, or clerk, who has given security for the performance of his official…
2Cited by2 opinions
- Varian v. StevensThe Superior Court of New York City · 1853
- Price v. FennNew York Surrogate's Court · 1885