O'Brien v. O'Brien
New York Supreme Court
Action by Margaret O’Brien against William O’Brien. Motion by plaintiff for the appointment of a guardian for defendant, an alleged lunatic.
1Opinion of the CourtBeekman, J.
In this case the proper practice is to commence the proposed action, and upon the summons and complaint and an affidavit showing that the defendant is mentally incompetent, but has never been judicially declared to be so, to apply to the court for an order designating some person upon whom a copy of the summons and complaint shall be served as provided in section 427 of the Code of Civil Procedure. Of course, the defendant must also be served. There is no objection to inserting in the order a provision requiring the person so designated to appear in the action for the purpose of protecting…
2Cited by2 opinions
- American Mortgage Co. v. DeweyAppellate Division of the Supreme Court of the State of New York · 1905
- Rudolph Wurlitzer Co. v. WilliamsNew York Supreme Court · 1924