Legal Opinion

Muller v. Bammann

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1902PublishedCited by 1 opinion

Appeal from special term, New York county. Action by Charlotte Muller, by Ingle Carpenter, her guardian ad litem, against Harry Bammann, by John Frederick Bammann, his guardian ad litem. From an order denying defendant’s motion to compel plaintiff to furnish security for costs, and permitting plaintiff to prosecute her action as a poor person, and assigning attorneys to prosecute the action, defendant appeals.

1Opinion of the CourtHatch, J.

Under date of September 5, 1902, Ingle Carpenter was appointed guardian ad litem of Charlotte Muller, an infant under the age of 14 years, and qualified as such guardian. On September 6th an ex parte order was granted by the court allowing the plaintiff to sue as a poor person. Thereafter the summons was served on the defendant, who appeared in the action by his guardian ad litem, and made a motion to vacate and set aside the last-named order. This motion was granted, with leave to the plaintiff to renew the application. Subsequently a motion was made upon notice to the defendant for leave to…

2Cases cited2 opinions

  1. Feier v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  2. Rutkowsky v. CohenAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by1 opinion

  1. Cohen v. HautcharowAppellate Terms of the Supreme Court of New York · 1903

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