Issem v. Slater

The motion to vacate the judgment was predicated upon the ground that on the date of the alleged service of the summons the appellant was an infant, seventeen years of age, and that the court never “ acquired jurisdiction * * * since the plaintiff did not comply with section 225 of the Civil Practice Act, nor was a guardian ad litem ever appointed.”

Plaintiff appears not to have submitted any papers in opposition, relying simply upon the presumption that the court had jurisdiction. In support of the motion, an affidavit of one of the defendant’s attorneys states that on a prior motion of the…