Smart v. Haring
New York Supreme Court
Appeal from a judgment in favor of the plaintiff entered upon the trial of this action by the court, certain issues having been previously tried by a jury. The action was brought to have certain conveyances executed by the defendant, State S. Haring, to George S. Dexter, and by the latter to Anna M., wife of said State S. Haring, set aside as fraudulent and void as against, the plaintiffs who were creditors of the husband.
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Appeal from a judgment in favor of the plaintiff entered upon the trial of this action by the court, certain issues having been previously tried by a jury. The action was brought to have certain conveyances executed by the defendant, State S. Haring, to George S. Dexter, and by the latter to Anna M., wife of said State S. Haring, set aside as fraudulent and void as against, the plaintiffs who were creditors of the husband. On the 2d day of January, 1874, State S. Haring was the owner of the premises set forth in the complaint, subject to a mortgage, upon which was due the sum of $1,800. On…
1Opinion of the Court
Osborn, J.:
When this action was commenced the plaintiff McChesney was an infant under the age of twenty-one yearn. No guardian was Appointed. Before the trial he had arrived at his majority. I *278think that the omission to procure the appointment of a guardian for the infant plaintiff was an irregularity simply. It did not affect the jurisdiction of the court. (Wolford v. Oakley, 43 How., 119; Croghan v. Livingston, 17 N. Y., 221; Rogers v. McLean, 31 How. Pr., 283; McMurrag v. McMurray, 66 N. Y., 177.) By pleading to the merits, this irregularity I think was waived, and the plaintiff must be…
2Cases cited8 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Jaeger v. . KelleyNew York Court of Appeals · 1873
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