Legal Opinion

Comstock v. Carr

New York Supreme Court

Decided March 3, 1831PublishedCited by 4 opinions

1Opinion of the Court

Judgment of non-pross by an infant defendant set aside, because he defend" ed by attorney, instead of guardian.

The defendant, an infant, appeared by attorney and obtained judgment of non-pross. The plaintiff moved to set aside the judgment on the ground that the defence should have been made by guardian. Motion granted, but without costs, as the plaintiff might have compelled a defence by guardian,

2Cited by4 opinions

  1. Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
  2. Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. Wrisley v. KenyonSupreme Court of Vermont · 1855
  4. McMurray v. McMurrayNew York Supreme Court · 1870