Jackson v. Brunor
Appellate Terms of the Supreme Court of New York
Appeal by defendant Emile Brunor from an affirmance by the. General Term of the City Court of an order of the Special Term denying his motion to open a default taken against him on failure to comply with certain terms imposed as a condition qf granting such motion.
1Opinion of the CourtDaly, P. J.
The defendants were sued as copartners on a cause of action for work, labor and services, and judgment was regularly entered against them for default of answer. The defendant *340Emile Brunor subsequently moved, by his guardian ad litem, to ■ set aside the judgment for irregularity, and the affidavits upon his motion set forth that he was a few months over, nineteen years of age, and that no guardian ad litem was ever appointed to represent him in the suit until after the entry of the judgment. The court decided that the judgment was not defective or irregular, that infancy must be pleaded,, and…
2Cases cited3 opinions
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Foote v. . LathropNew York Court of Appeals · 1869
- Abram French Co. v. MarxNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Timolat v. S. J. Held Co.Appellate Terms of the Supreme Court of New York · 1896