Winterroth v. Cox
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Few York, borough of Manhattan, first district, rendered in favor of the plaintiff.
1Opinion of the Court
.Seabury, J.
The defendant, an infant, appeals from a judgment rendered "against him. The ground upon which' reversal is.sought is that no guardian ad litem has been appointed for the defendant. .Section 41 -of the Municipal Court Act, subdivision 2, provides that, “After the service and return of a 'summons against an infant defendant no other proceedings shall be taken in the action, until a person has been appointed to .appear as his guardian for the purpose of the action.”
Fo guardian ad litem having been appointed, it is evident *468that the judgment was rendered in plain disregard of the…
2Cases cited4 opinions
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Frost v. Frost, New York County Courts1895
- McGarity v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Moody v. GleasonNew York Supreme Court · 1827
3Cited by1 opinion
- Stern v. RechnitzAppellate Terms of the Supreme Court of New York · 1915