Wellington v. Claason
New York Supreme Court
Motion to compel plaintiff’s attorney to receive an answer. This was an action brought against the members of a copartnership, consisting of Hermanns Claasen, Enno J. Claasen, and another. Enno J. Claasen was a minor. All of the partners were named as defendants in the action, but the summons was not served on the minor defendant, Enno J. Claasen.
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Motion to compel plaintiff’s attorney to receive an answer. This was an action brought against the members of a copartnership, consisting of Hermanns Claasen, Enno J. Claasen, and another. Enno J. Claasen was a minor. All of the partners were named as defendants in the action, but the summons was not served on the minor defendant, Enno J. Claasen. He, however, appealed for and obtained the appointment of a guardian ad litem, and then appeared in the action, and served a separate answer, which consisted of an allegation that he was an infant, and a general denial of the complaint. The…
1Opinion of the CourtIngraham, J.
It was never denied, under the old practice, where several defendants were included in an action on contract, that any one not served, might enter a voluntary appearance, notwithstanding the plaintiff did not serve the process *177upon him. Both at law and in equity, such voluntary appearance was allowed, with the exception that in equity it must appear that some claim was made against the defendant so appearing. (8 Paige, 45 ; 9 lb., 226.)
In Tracy a. Reynolds (7 How. Pr. R., 328), Mr. Justice Hains recognizes this rule, where he says a party uninvited could not intrude himself upon the court and…
2Cases cited1 opinion
- Waffle v. VanderheydenNew York Court of Chancery · 1839
3Cited by16 opinions
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- Agar v. TibbettsNew York Supreme Court · 1890
- Beardsley v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1900
- Clossey v. AyersNew York Supreme Court · 1892
- Duer v. FoxNew York Supreme Court · 1899
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