Smith v. Keteltas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eugene K. Smith,, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of New York on the 10th day' of February, 1898, setting aside the service of a summons upon the defendant Philip D. Keteltas and his committee, and upon the defendant John Gardner Keteltas and' his committee, ‘ and also vacating an order appointing Katlianiel B. Hoxie as guardian ad litem of the defendants…
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Appeal by the plaintiff, Eugene K. Smith,, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of New York on the 10th day' of February, 1898, setting aside the service of a summons upon the defendant Philip D. Keteltas and his committee, and upon the defendant John Gardner Keteltas and' his committee, ‘ and also vacating an order appointing Katlianiel B. Hoxie as guardian ad litem of the defendants Philip D. Keteltas and John Gardner Keteltas:
1Opinion of the Court
McLaughlin, 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…
2Cases cited4 opinions
- L'Amoureux v. CrosbyNew 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
- Soverhill v. DicksonNew York Supreme Court · 1850
3Cited by11 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- In re WarrenAppellate Division of the Supreme Court of the State of New York · 1924
- In re GouldAppellate Division of the Supreme Court of the State of New York · 1939
- Heburn v. ReynoldsOneida County Court · 1911
- In re Linden-RathNew York Supreme Court · 2001
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