Croghan v. Livingston
New York Supreme Court
1 PPEAL from an order made at a special term, allowing XL the bond of a guardian ad litem, in a partition suit, to be filed nunc pro tunc, as of the 2d of October, 1856, the time when it should have been filed.
1Opinion of the CourtMitchell, J.
The act of 1852, chap. 277, authorizes the court, in any action, suit • or proceeding for the partition of lands, to direct the filing of the bond of the guardian ad litem of any infant defendant as of the date of the order appointing the guardian, “ at any time before judgment or decree, in all cases, or after judgment or decree in cases of actual partition.” This is an enabling and remedial statute, and not a restrictive one. It does not, therefore, interfere with any power of the court to act in such cases which it acquired before or after that statute. The code, § 448, applies the…
2Cited by4 opinions
- Rogers v. . McLeanNew York Court of Appeals · 1866
- Kissam v. MarshallNew York Supreme Court · 1860
- Rogers v. McLeanNew York Court of Appeals · 1866
- Valentine v. McCueNew York Supreme Court · 1882