Freyberg v. Pelerin
New York Supreme Court
Motion by defendant to set aside plaintiff’s summons, and complaint, &c., for irregularity, in an action of slander, on the ground that the plaintiff was an infant, and had commenced the action in his own name, without the appointment of a guardian.
1Opinion of the Court
Lott, Justice.
Motion granted, but without costs, as the question appears to be new under the Code. Although it would be competent to set up the infancy of the plaintiff by answer, in the nature of the old plea in abatement, I am of the opinion that the objection can be and is more properly taken by a motion like this. It was provided by the Revised Statutes (2 R. S., p. 446, §2,) that before any process should be issued, in the name of an infant who was sole plaintiff, a competent and responsible person should be appointed as the next friend of the infant in the suit, who should be…
2Cases cited1 opinion
- Wilder v. EmberNew York Supreme Court · 1834
3Cited by2 opinions
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
- Horvath v. BrettschneiderNew York City Court · 1928