Arnold v. Williams

Motion by plaintiff to vacate notice of examination before trial before a notary public (1) of infant plaintiff because of his tender age, and (2) his guardian ad litem because she is not the proper party to be examined, and cross motion by defendant for such examination. The infant will attain the age of seven on April 19. His guardian ad litem contends that since he is incapable of being sworn before a notary, his examination should be barred.

There is no fixed age limit as to an infant’s competency as a witness. That question is sui generis in each case (Blagburn v. Milrita Realty Cory.,…