Schlieder v. Dexter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George W. Wells, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of March, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Patterson, J.:
This is an appeal from an interlocutory judgment overruling the demurrer of the defendant Wells to the complaint herein. The grounds of the demurrer are: That the plaintiff has not legal capacity to sue, in that as general guardian he has no right or power to sue and that suit can only be brought by a guardian ad litem; that the plaintiff has not legal capacity to sue as general guardian upon *418an instrument in writing, which is set forth in the complaint; that plaintiff has not legal capacity to sue as general guardian, because there is no sufficient allegation of his appointment…
2Cases cited6 opinions
- Rockwell v. . MerwinNew York Court of Appeals · 1871
- Thomas v. BennettNew York Supreme Court · 1868
- Jackson v. BrownNew York Supreme Court · 1893
- Baxter v. LancasterAppellate Division of the Supreme Court of the State of New York · 1901
- Downey v. TurnerAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Campbell v. FichterIndiana Supreme Court · 1907
- Babcock v. AnsonAppellate Division of the Supreme Court of the State of New York · 1907
- Dold v. DoldNew York Supreme Court · 1918