McGovern v. New York Telephone Co.
New York Supreme Court
Motion to revoke appointment of special guardian or require him to give security for costs.
1Opinion of the CourtRodenbeck, J.
There is no provision of law requiring a guardian ad litem for an infant plaintiff to give security for costs. Code Civ. Pro. §§ 469, 3249, 3268. Under the Revised Statutes of 1829 a defendant in an action brought in a court of record could require security for costs to be given where the plaintiff when the action was commenced was an infant whose next friend had not given security for costs. R. S. pt. 3, ch. 10, tit. 2, § 1. This provision was carried into the Code of Civil Procedure with the substitution of guardian ad litem for next friend and under the language of the Code as passed…
2Cases cited6 opinions
- Grantman v. ThrallNew York Supreme Court · 1866
- Miller v. WoodheadNew York Supreme Court · 1889
- Crossett v. DeanNew York Supreme Court · 1910
- Wice v. Commercial Fire InsuranceNew York Court of Common Pleas · 1877
- Tropeano v. GrimaldiAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by2 opinions
- Backerman v. CoccolaAppellate Division of the Supreme Court of the State of New York · 1919
- Maxwell v. KleinCity of New York Municipal Court · 1934