Behlen v. Behlen
Appellate Division of the Supreme Court of the State of New York
Appeal by Solomon D. Rosenthal, guardian ad litem for the defendant, 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 24th day of February, 1902, denying his motion to be made a party to the action. The defendant is an adult, and the order appointing a guardian ad litem, for her was made upon the ground that she is insane.
1Opinion of the Court
Per Curiam :
The appeal is taken by the defendant’s guardian ad litem from an order denying his motion to be made a party to this action and that *144a supplemental summons and complaint be served upon the said guardian ad litem and that he have leave to answer the same and, further, that all future proceedings in the action be amended so as to read Hermann Behlen, Plaintiff, v. Solomon D. Rosenthal, Guardian ad Litem for Anna T. L. Behlen, Defendant, and for other relief.
The learned judge at Special Term in his memorandum correctly said: “ A guardian ad Utem is not a party to an action; he simply…
2Cited by9 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
- American Mortgage Co. v. DeweyAppellate Division of the Supreme Court of the State of New York · 1905
- Moore v. FlaggAppellate Division of the Supreme Court of the State of New York · 1910
- Heburn v. ReynoldsOneida County Court · 1911
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