Taylor v. Emmet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Josephine W. Taylor, and the defendants, Alice W. Emmet and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of January, 1910. The opinion delivered at Special Term is reported in Taylor v. Emmet (66 Misc. Rep. 74).
1Concurrence
McLaughlin, J. (concurring):
I concur in the opinion of Mr. Justice Dowling. Unless section 473 means what it plainly says, viz., that “ the summons may be served by delivering a copy to the guardian so appointed,” I am unable to see what can be its meaning or purpose. Where the summons has been served by publication or personally outside the State upon an infant, a guardian ad litem may be appointed as prescribed in sections 471 and 472. And if, as the respondents contend, the summons must always be served in one of these ways, section 473 is unnecessary and meaningless. In Crouter v. Crouter…
2Cases cited5 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Platt v. FinckAppellate Division of the Supreme Court of the State of New York · 1901
- Schell v. CohenNew York Supreme Court · 1889