Belcher v. Haskell

Evidence was given by the defendant Margaret Haskell upon the trial to the effect that she was a minor of the age of twenty years. No guardian ad litem was appointed for her. The judgment against her is, therefore, void or voidable depending upon whether the summons was or was not properly served upon her. (Civ. Prac. Act, § 202; McMurray v. McMurray, 66 N. Y. *252175; Jacobson v. Krekell, 223 App. Div. 440.) Whether the judgment is void or voidable is not before us in this case. The infant defendant must raise that question either through a guardian before reaching her majority or by her own…