Rook v. Dickinson

Wheeler, S.

(acting as Stenben County Judge). The defendant debtor moves to dismiss these proceedings on the ground that since their institution the judgment upon which they are based has been canceled and satisfied.

The papers show that, when the defendant was served with the summons and complaint in the said action and the judgment recovered therein, he was.an infant, and that no guardian ad litem was ever appointed for him in the action — this only makes the judgment irregular and voidable, but not void. McMurray v. McMurray, 66 N. Y. 175. Also see many cases cited in Bliss's Annotated Code…