Donnelly v. Donnelly

The defendant moves, pursuant to section 237-a of the Civil Practice Act, to vacate the service of process on the ground that such service was made by a party to the action — the plaintiff’s guardian ad litem.

The plaintiff, who will reach her majority on May 28, 1961, commenced this action for a separation on April 15, 1961, when her guardian ad litem personally served the summons and complaint upon the defendant. The question posed is whether a guardian ad litem by whom an infant plaintiff prosecutes an action is a party thereto within the meaning of the first sentence of section 220 of the…