In re Tyndall
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Williám D. Tyndall, from a decree of the Surrogate’s Court of the county of Sullivan, entered in said Surrogate’s Court on the 30th day of December, 1905. Some time prior to December, 1899, Eston E. Devore, ah infant, was injured in a -railroad accident.
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Appeal by the petitioner, Williám D. Tyndall, from a decree of the Surrogate’s Court of the county of Sullivan, entered in said Surrogate’s Court on the 30th day of December, 1905. Some time prior to December, 1899, Eston E. Devore, ah infant, was injured in a -railroad accident. An action was brought in the Supreme Court of this State against the Delaware, Lackawanna and Western Railroad Company by Mary O. Heater, his mother and guardian ad litem, to recover his damages sustained in such. accident. The action, was transferred to the United States Circuit Court,-and after two trials the…
1Opinion of the Court
Smith, J.;
The expa/rte order of June 1, 1903, approving of the . contract between the special guardian -and Tyndall is ineffective- against this infant, who was not a party to the proceeding. Moreover the contract was made while'the action was being prosecuted by the plaintiff in forma pauperis,and by section 460 of the Code of Civil Procedure Tyndall was bound to prosecute that action withqtit compensation and the contract was, therefore, unenforcible. The decree of June -13, 1904, purporting to settle the accounts of Tyndall and allowing this item as compensation was wholly without…
2Cases cited5 opinions
- In re RogersAppellate Division of the Supreme Court of the State of New York · 1896
- Potter v. . OgdenNew York Court of Appeals · 1893
- In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899
- In re Laudy's WillNew York Supreme Court · 1894
- In re the Judicial Settlement of the Accounts of TyndallNew York Surrogate's Court · 1905
3Cited by1 opinion
- In re the Appointment of TwichellAppellate Division of the Supreme Court of the State of New York · 1907