10 Johns. 486
Decided October 15, 1813
New York Supreme Court · decided 1813-10-15
T. A. EMMET presented the petition of Sharp, and moved „4 1 L ___ that commissioners be appointed to make partition, &c. The affidavit of the service of the petition and notice, stated that copies had been personally served on Joseph Pell and on Sarah HeZ/, as the testamentary guardians of Daniel Trembly.
Good law ✅— No negative treatment on recordhow we know
Decided 1813-10-15
Cited by 4 later decisions — most recently June 1867
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We have frequently decided, in relation to the proceedings in partition, where an infant is concerned, that a guardian ad litem must be appointed under the act. It is not sufficient that the testamentary or other general guardian is made a party. The infant must, therefore, name and apply for the appointment of a guardian ad litem, in this case, or the court will appoint a guardian for him.
¶2 See Matter ef Stratton and others, (1 Johns. Rep. 509.)