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1 Hall 55

Fearing v. Clawson

The Superior Court of New York City

Decided August 15, 1828

The Superior Court of New York City · decided 1828-08-15

Mr. W. Price, in behalf of the plaintiff in this case, made an application for the appointment of a guardian ad litem to the defendant, an infant, who had been arrested, but had not appeared, nor taken any notice [of the arrest. He read an affidavit setting forth, that the action was brought for necessaries furnished to the infant.

Decided 1828-08-15

Per Curiam.

¶1Were it not for the authorities cited, we should incline to the opinion, that in bailable actions, the guardian to be appointed should be some real person to appear and protect the rights of the infant. But it seems from the books, that a mere nominal guardian may be named in cases where the infant neglects to appear. The rule does not seem to be well founded, and this court will hereafter establish some general regulation to establish its practice upon the subject.

¶2In the present instance, let a rule be entered for the appointment of a nominal guardian ad litem, for the infant ¡defendant, upon the plaintiff’s giving him due notice of the rule, that he may have an apportunity to come in and name a guardian for himself.

¶3[ W. S. Sears atty. for plff.]

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