Barrett v. Rosecliff Realty Co.

IRVING R. KAUFMAN, District Judge.

Plaintiffs have moved for an order vacating and setting aside a judgment and bill of costs in the sum of $1,579.60 entered in behalf of the defendant on or about October 17, 1949, on the ground that a guardian ad litem is not liable for costs in an action brought on behalf of an infant.

This was a negligence action brought against defendant and upon a trial by jury a verdict was rendered in favor of defendant. Plaintiff Michael Barrett brought suit both individually and as guardian ad litem for the infant plaintiff Marilyn Barrett.

Plaintiffs now rnove to…