Legal Opinion

Maxwell v. Klein

City of New York Municipal Court

Decided May 11, 1934Published

1Opinion of the CourtDonnelly, J.

Section 202 of the Civil Practice Act provides generally for the appointment of a guardian ad litem for an infant party. The last sentence of that section reads: “ Rules shall be made governing the appointment, qualifications, security, powers, duties and compensation of such guardian.”

There is nothing in the Rules of Civil Practice which requires the guardian ad litem for an infant plaintiff either to be a resident of this State or to be a resident within the jurisdiction of the court to which he applies for his appointment. Rule 41, which deals with the security furnished by a guardian ad…

2Cases cited5 opinions

  1. Johnson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
  2. McKeaggan v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1907
  3. McGovern v. New York Telephone Co.New York Supreme Court · 1917
  4. Backerman v. CoccolaAppellate Division of the Supreme Court of the State of New York · 1919
  5. Myers v. StephensNew York Supreme Court · 1907

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