Keyes v. Ellensohn
New York Supreme Court
Appeal from special term, New York county. Action by John S. Keyes and another against Barbara Ellensohn and Anna Kristof, by Samuel D. Sewards, her guardian ad litem. There was judgment for plaintiffs, and from an order setting aside, as to defendant Anna Kristof, the judgment against her, plaintiffs appeal.
1Per curiam
The infant defendant was upward of 14 years of age when her guardian ad litem was appointed upon the petition of the plaintiffs’ attorney. An appointment of a guardian ad litem for an infant of the age of 14 years or upward cannot be made upon such a petition until after the expiration of 20 days from the time when the service of the summons is complete. Code Civil Proc. § 471.1 It is conceded that this appointment was made within the 20 days, and consequently it was premature and void. The guardian so appointed appeared in the action and answered, but made no defense on the trial, and May 5,…
2Cited by1 opinion
- Keyes v. EllensohnNew York Supreme Court · 1894