Faulkner v. Brown
New York Supreme Court
Action by James H. Faulkner, by Fanny Faulkner, his guardian ad litem, against Harry K. Brown and others. On motion by defendants to revoke the appointment of the guardian ad litem. Motion granted.
1Opinion of the CourtClark, J.
Defendants move to revoke the appointment of the guardian ad litem for plaintiff in this action on the ground that said guardian is not a competent and responsible person.
[1] There is no question but that the defendants are entitled to have a guardian ad litem who is pecuniarily responsible. Code Civ. Proc. § 469; Wice v. Insurance Co., 7 Daly, 258; Strong v. Jenkins, 15 N. Y. Supp. 120.
From all the papers in the case it would appear that the guardian ad litem appointed for this plaintiff is not shown to be a responsible person, and defendants are clearly entitled to have a guardian who is…
2Cases cited2 opinions
- Strong v. JenkinsSuperior Court of Buffalo · 1891
- Wice v. Commercial InsuranceNew York Court of Common Pleas · 1877