Howard v. Dusenbury
The Superior Court of New York City
Motion to set aside a judgment obtained by the defendant’s failure to answer on the 2d day of June, 1853, on the ground that the defendant was an infant, under the age of twenty-one years ac the time of the entry of the judgment, and that no guardian was appointed in the action, and as matter of favor.
1Opinion of the CourtVan Vorst, J.
The material facts alleged in the affidavits in support of this motion on the merits, tending to show that defendant was not liable for the services, to recover for which, this action was brought, are distinctly denied in the affidavits read in- opposition, and if relief be granted, it can only be on the ground that the defendant was an infant when the action was brought, and the judgment recovered, and. that no guardian had been appointed.
It is not affirmatively alleged in the moving affidavit that a guardian ad litem had not been appointed for the defend*424ant, yet in the notice of motion an…
2Cases cited1 opinion
- Fairweather v. SatterlyThe Superior Court of New York City · 1867
3Cited by1 opinion
- Malicky v. RosenbergNew York Supreme Court · 1934