Legal Opinion
Mockey v. Grey
New York Supreme Court
Decided February 15, 1807PublishedCited by 10 opinions
The error assigned on the return to the certiorari in this cause was, that the defendant below was an infant, and appeared by attorney, not by guardian.
1Opinion of the Court
B'er Curiam.
It is error in all other courts, for an infant to appear by attorney. . There is no reason why the same rule should not apply to a justice’s court. The power of appointing a guardian, ad litem, is incident to every court, and a justice must possess this power. The judgment below must be reversed.
Judgment reversed.
2Cited by10 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
- McMurray v. McMurrayNew York Supreme Court · 1870
- Harvey v. LargeNew York Supreme Court · 1868
- Fairweather v. SatterlyThe Superior Court of New York City · 1867
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