Albrecht v. Canfield
New York Supreme Court
Appeal from special term, Onondaga county. Action by Minnie M. Albrecht, by J. M. Albrecht, her guardian ad litem, against Robert H. Canfield. From an order denying a motion to dismiss the action and complaint and all proceedings on the ground that the order purporting to appoint the guardian ad litem of plaintiff was the order of the Oneida county court, and made without jurisdiction, or that plaintiff be required to procure a proper appointment, defendant appeals.
1Opinion of the CourtMerwin, J.
The heading or caption of the order in question is, “At a Term of the Oneida County Court held at the Chambers of the Oneida County Judge in the City of Utica, N. Y., on the 29th day of April, 1895. Present: Hon. W. T. Dunmore, Oneida County Judge.” In the body of the order the petition for the appointment is referred to as being annexed. At the close of the order it is dated April 29, 1895, and is signed by the county judge. There is no direction for its entry. Upon referring to the petition, which is handed up as a part of the papers, it appears to be addressed to the county judge, and not…
2Cases cited6 opinions
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
- In re the Knickerbocker BankNew York Supreme Court · 1855
- Phinney v. . BroschellNew York Court of Appeals · 1880
- Bartholomew v. LyonNew York Supreme Court · 1874
- Dresser v. Van PeltThe Superior Court of New York City · 1857
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3Cited by1 opinion
- Behl v. GreenbaumAppellate Division of the Supreme Court of the State of New York · 1918