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10 Paige Ch. 41

In re Anonymous

New York Court of Chancery

Decided November 23, 1842

New York Court of Chancery · decided 1842-11-23

This was an application by the complainant in a partition suit to have the register appointed the guardian ad litem- for one of the defendants who was an infant; but twenty days had not elapsed since the return day of the subpoena.

Decided 1842-11-23

The Chancellor

¶1said the application was premature j that the infant was allowed twenty days after the return day of the subpoena to appear, during which time he had a right to apply and obtain the appointment of a guardian ad litem for himself; and the complainant therefore must wait the twenty days before he made an application to have the register or a clerk appointed as guardian to appear and defend the suit for the infant defendant.

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