Fisher v. Lyon
New York Supreme Court
Application for an order appointing the clerk of the court the guardian ad litem of an infant defendant. The action was brought to partition lands, and it was sought to have the order relieve the clerk from the necessity of furnishing security. The motion was made upon the usual affidavits and papers. The application had been refused when presented at Special Term, and was made at the General Term in order to get its opinion on the question involved.
1Per curiam
This action is brought to partition lands. No person having consented to become the guardian ad litem of the infant defendants, the plaintiffs apply for an order appointing the clerk of the court without security.
By the Revised Statutes guardians of minors in partition cases were required before entering upon their duties to execute bonds in such sum and with such surety as the court should direct, conditioned for the faithful discharge of the trust, etc. (2 R. S., 317, § 4.)
By chapter 227, Laws 1833 (3 R. S. [6th ed.]_. 598), it was provided, in case a disinterested person did not consent to…
2Cases cited1 opinion
- Larkin v. MannNew York Court of Chancery · 1830