Grantman v. Theall
New York Supreme Court
' - Appeal from an order vacating an order requiring security for costs. i ,, The plaintiff in this action was an infant, appearing by John Grantman, his guardian ad litem, appointed under the provisions of the Code of Procedure.
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' - Appeal from an order vacating an order requiring security for costs. i ,, The plaintiff in this action was an infant, appearing by John Grantman, his guardian ad litem, appointed under the provisions of the Code of Procedure. On the 9th of February last, the defendant presented to Mr. Justice E, D. Smith, at chambers, an affidavit, stating among other things that the plaintiff was an infant, and that his guardian was irresponsible, and that costs coaid not be collected of him ; and thereupon the justice granted an alternative order requiring the plaintiff to file security for costs. On…
1Opinion of the Court
By. the Court.*—E. Darwin Smith, J.
In the Revised Statutes (chap. 8, title 2, part 3, marg. p. 445 ; vol. 2 of 3d ed., p. 543), it was provided as follows:
“ § 1. When an infant shall have any right of action,” . . . “he shall be entitled to maintain a suit thereon” ....
“ § 2.Q Before any process shall be issued in the name of an infant, who is sole plaintiff in any suit, a competent and responsible person shall be appointed to appear as next friend for such infant in such suit, who shall be responsible for the costs thereof.” *’
In title 2 of chapter 10 of the Revised Statutes (vol. 2, marg.…
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