Phillips v. Dusenberry
New York Supreme Court
Appeal from a judgment in favor of the defendant entered upon a trial before the court at Special Term. The plaintiff, one of the firm of E. & G. Phillips, was, previous to July 30, 1874, sued by the defendants before a justice of the peace of Montgomery county. The summons was personally served, and upon his failure to appear, a guardian ad 1/item was appointed for him and judgment was afterward entered against him. No appeal was taken from the judgment.
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Appeal from a judgment in favor of the defendant entered upon a trial before the court at Special Term. The plaintiff, one of the firm of E. & G. Phillips, was, previous to July 30, 1874, sued by the defendants before a justice of the peace of Montgomery county. The summons was personally served, and upon his failure to appear, a guardian ad 1/item was appointed for him and judgment was afterward entered against him. No appeal was taken from the judgment. This action was brought in equity to set it aside on the ground of the infancy of the plaintiff at the time of the rendering of the…
1Opinion of the Court
Bocees, J.:
The judgment rendered by the justice of the peace against the plaintiff (then a minor) and his partner, Ervin Phillips, was neither void nor erroneous. The action was on contract. The amount claimed was within the jurisdiction of the court. The summons was duly and personally served on both defendants, and a guardian ad litem was appointed for the minor (the present plaintiff), and he accepted the trust. Thus it appears that the justice had jurisdiction of the person and subject-matter of the action, and all the *349proceedings required by law were observed. Nor is the judgment…
2Cases cited11 opinions
- Howell v. . MillsNew York Court of Appeals · 1873
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Stephens v. Van BurenNew York Court of Chancery · 1829
- Knickerbacker v. De FreestNew York Court of Chancery · 1830
- N.Y. Harlem R.R. Co. v. . HawsNew York Court of Appeals · 1874
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