66 How. Pr. 472
Decided February 15, 1884
New York Supreme Court · decided 1884-02-15
The action was brought for the partition and sale of certain real estate situate in the city of New York. One of the defendants is an infant of the age of two years and a nonresident of the state. Service of the summons was made upon said infant personally without the state under an order of publication. Said infant, appeared in the action by a guardian ad litem, duly appointed, and answered the complaint. The premises were sold in three parcels, January 8, 1884, for $30,850.
Cited by 1 later decisions — most recently May 1908
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1884-02-15
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¶1The sole object of service is to procure the the appearance of the party. Where, as in this case, the infant has, on the application of its own voluntary representation appeared, that is sufficient; the intent of the case being that the infant should have its day in court, and the infant has had it here. How the service was made is of no importance, as the appearance is not dependent on that.
¶2Objections overruled and motion to be discharged denied,, with ten dollar's costs.