Hanley v. Brennan
City of New York Municipal Court
Appeal by the defendant from an order made at Special Term appointing a guardian to appear and defend the action on behalf of the defendant, a lunatic.
1Opinion of the Court
McAdam, Ch. J.
The court below, on the application of the plaintiff, appointed a guardian for the defendant, to appear and defend the action for him. The defendant is non compos mentis, but of full age, not an idiot from nativity, has not been judicially declared insane in proceedings instituted for that purpose, and no committee of his person or estate has as-yet been appointed.
The question presented is whether the court below had *187power to make such an order. We do not find any express provision of the Code especially applicable to such a case ;* but we do find authorities which assert the…
2Cases cited5 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Clarke v. DunhamNew York Supreme Court · 1847
- Faulkner v. M'ClureNew York Supreme Court · 1820
- Robertson v. LainNew York Supreme Court · 1839
- Heller v. HellerNew York Supreme Court · 1851
3Cited by4 opinions
- 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
- Sengstack v. SengstackNew York Supreme Court · 1957
- McCabe v. StateNew York Court of Claims · 1947