Heuel v. Stein
Appellate Division of the Supreme Court of the State of New York
Appeal by .Josephine Stein Uterhart and another from, two orders 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 18th day of November, 1913, denying their separate motions for an order revoking, canceling and setting aside any provisions heretofore made for the compensation of Emanuel J. Myers, as guardian ad litem herein, and requiring him to make restitution of the amount already received by…
Read the full summary
Appeal by .Josephine Stein Uterhart and another from, two orders 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 18th day of November, 1913, denying their separate motions for an order revoking, canceling and setting aside any provisions heretofore made for the compensation of Emanuel J. Myers, as guardian ad litem herein, and requiring him to make restitution of the amount already received by him.
1Dissent
Clarke, J. (dissenting):
First. Rule 49 of the General Rules of Practice provides that “No person shall be appointed guardian ad litem, either on the application of the infant or otherwise, unless he be the general guardian of such infant, or is fully competent to understand and protect the rights of the infant, and has no interest adverse to that of the infant, and is not connected in business with the attorney or counsel of the adverse party.”
In Parish v. Parish (77 App. Div. 267), in an action in partition, the attorney for the plaintiffs was a clerk in the office of the firm of lawyers who…
2Cases cited2 opinions
- Parish v. . ParishNew York Court of Appeals · 1903
- Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1902