Wice v. Commercial Fire Insurance
New York Court of Common Pleas
Appeal from an order of this court at special term, granting an attachment for costs against the guardian' ad litem of the plaintiff on application of the defendant after judgment in his favor.
1Opinion of the CourtJoseph F. Daly, J.
The guardian ad litem of an infant plaintiff cannot be required to give security for costs, the provisions as to security applying to next friends only, and not to guardians. (2 R. S. 620 ; Grantman v. Thrall, 29 How. Pr. 344.) But the legislature has provided that he may be attached for the costs, deeming that, probably, sufficient security to a defendant. (Code, 316 ; Linner v. Crouse, 61 Barb. 289-93 ; Grantman v. Thrall, supra.) This provision for the collection by defendant of his costs against the person by whom the infant plaintiff sues, was not, when enacted, a novelty, for the…
2Cases cited5 opinions
- Grantman v. ThrallNew York Supreme Court · 1866
- Linner v. CrouseNew York Supreme Court · 1870
- Grantman v. TheallNew York Supreme Court · 1865
- Cook v. RawdonNew York Supreme Court · 1851
- Ten Broeck v. ReynoldsNew York Supreme Court · 1856
3Cited by4 opinions
- Miller v. WoodheadNew York Supreme Court · 1889
- Goishen v. Samor Realty Co.City of New York Municipal Court · 1938
- McGovern v. New York Telephone Co.New York Supreme Court · 1917
- Burbach v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903