Fairweather v. Satterly
The Superior Court of New York City
This action was brought to recover damages for a tort committed by the defendant. The defendant appeared by an attorney and answered. The issue joined came on to be tried before a judge and jury, and-resulted in. a verdict for the plaintiff. Judgment was entered against the defendant on the verdict, and an execution issued thereon, which was returned unsatisfied.
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This action was brought to recover damages for a tort committed by the defendant. The defendant appeared by an attorney and answered. The issue joined came on to be tried before a judge and jury, and-resulted in. a verdict for the plaintiff. Judgment was entered against the defendant on the verdict, and an execution issued thereon, which was returned unsatisfied. Proceedings supplemental to execution were then taken, against the defendant, and are still pending. . The defendant, on an affidavit showing that at the time of the commencement of the action he was and still is an infant, and that…
1Opinion of the CourtJones, J.
Section 115 of the Code provides that when an infant is a party he must appear by guardian. This section is substantially the same as the provisions of the Revised Statutes.
The defendant’s counsel cites four cases decided under the provisions of the Revised Statutes, (Mockey v. Grey, 2 John. 192 ; Bliss v. Rice, 9 id. 160 ; De Witt v. Post, 11 id. 460 ; Gosling v. Acker, 2 Hill, 391,) and one case arising under the Code, (Kellogg v. Klock, 2 Code Rep. 28,) in all of which,, a judgment against an infant was, on the application of the" infant, either set aside, or reversed, for error in fact,…
2Cases cited4 opinions
- Palmer v. . DavisNew York Court of Appeals · 1863
- Dewitt v. PostNew York Supreme Court · 1814
- Mockey v. GreyNew York Supreme Court · 1807
- Robins v. WellsThe Superior Court of New York City · 1863
3Cited by3 opinions
- Barrow v. Grant's EstateSupreme Court of Louisiana · 1906
- McMurray v. McMurrayNew York Supreme Court · 1870
- Howard v. DusenburyThe Superior Court of New York City · 1873