Parks v. Parks

Decided March 15, 1865

New York Supreme Court · decided 1865-03-15

The action was brought by Amelia J. Parks, an infant, against James W. Parks. An order was made at special term setting aside the summons and complaint, on the ground that the plaintiff, though an infant, prosecuted her action without the appointment of a guardian. The order was to the effect that the proceedings be set aside, unless the plaintiff within twenty days should procure the appointment of a guardian, and pay ten dollars costs of motion.

Cited by 2 later decisions — most recently June 1890

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1865-03-15

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By the Court.*

¶1The case of Fellows and Hawes a. Niver (18 Wend., 563) is decisive of this case. In that case the court held that, the defendant having pleaded to the merits, he had waived the irregularity, and admitted that the plaintiffs were recti in cu/ria. The statute in relation to the appointment of guardians for infant parties, when that case was decided, was substantially the same as provided by the Code of Procedure.

¶2Order appealed from reversed, with $10 costs.

¶3 Present, J. C. Smith, Wells, and E. Darwin Smith, JJ.