Richardson v. Van Voorhis
New York Supreme Court
On motions to vacate order for guardian’s allowance, and to attach for failure to pay the same. Action by Harriet Richardson against Herman Van Voorhis and Herman ' H. Van Voorhis, for assault and battery. Thomas H. Bennett was appointed .guardian ad litem, for Herman H. Van Voorhis, an infant defendant, and was allowed $50 as compensation therefor. Defendants moved to vacate the order, and the guardian moved to commit the infant for contempt in failing •to pay the amount.
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On motions to vacate order for guardian’s allowance, and to attach for failure to pay the same. Action by Harriet Richardson against Herman Van Voorhis and Herman ' H. Van Voorhis, for assault and battery. Thomas H. Bennett was appointed .guardian ad litem, for Herman H. Van Voorhis, an infant defendant, and was allowed $50 as compensation therefor. Defendants moved to vacate the order, and the guardian moved to commit the infant for contempt in failing •to pay the amount. Code Civil Proc. UST. Y. § 15, provides that no one shall ■be arrested or imprisoned for failure to pay any order for…
1Opinion of the CourtAdams, J.
It was conceded upon the argument of these motions that • each was subject to the application of the same legal principles, and they will therefore be considered as one. It appears quite satisfactorily from the mo- ' tion papers that Thomas H. Bennett, Esq., who is an attorney and officer of ' this court, was duly appointed guardian ad litem for the defendant Herman H. Van Voorhis, who, at the time of such appointment, wras an infant, and ' that such appointment was regularly made upon the application of the plain"tiff in the action after the infant had been afforded an opportunity to select…
2Cited by3 opinions
- Tyson v. RichardsonWisconsin Supreme Court · 1899
- Whinery v. Hammond Trust & Savings BankIndiana Court of Appeals · 1923
- In re the Judicial Settlement of the Account of MonellNew York Surrogate's Court · 1899