Smith v. Keteltas
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Hew York county. Action by Eugene K. Smith against Alice Keteltas and others. From an order setting aside the service of summons on certain incompetents, and vacating the appointment of a guardian ad litem for them (50 H. Y. Supp. 747), plaintiff appeals. Affirmed.
1Opinion of the CourtMcLAUGHLIN, J.
Two of the defendants are incompetents, and the action was commenced against them without leave of the court. When the summons was served upon them, a committee theretofore duly appointed of their persons and estates was acting. After service of the summons upon the incompetents and the committee, the plaintiff applied ex parte for, and obtained, an order appointing a guardian ad litem. The committee thereafter, upon notice to the plaintiff’s attorney and the guardian ad litem, obtained an order setting aside the service of the summons, and vacating the order appointing the guardian ad litem,…
2Cases cited7 opinions
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- In re HopperNew York Court of Chancery · 1835
- In re HellerNew York Court of Chancery · 1831
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1897
- In re DelahuntyNew York Supreme Court · 1892
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