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Parks v. Parks

PARKS a. PARKS

Parks v. Parks, 19 Abb. Pr. 161 (N.Y. Sup. Ct. 1865)
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Court
New York Supreme Court · State Trial Courts
Decided
March 15, 1865
Citations
19 Abb. Pr. 161
Cited by 4
Headnotes
Motion to set aside Proceedings. After an answer is served, a defendant is too late to move to set aside the plaintiffs proceedings, on the ground that the action is prosecuted without the appointment of a guardian.*
Summary
Appeal from an order. 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. From this order the plaintiff now appealed to the general term.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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By the Court. *

The 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.

Order appealed from reversed, with $10 costs.

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

How later courts describe this case

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Cited by 4 cases

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1870–1871: 11872–1873: 11880–1881: 11890–1891: 118702026peak 1870 · 1

Relies on it most ⓘ

  1. Rima v. Rossie Iron Works24 N.E. 940 (N.Y. 1890)
  2. Gotendorf v. Goldschmidt83 N.Y. 110 (1880)
  3. McMurray v. McMurray9 Abb. Pr. 315 (N.Y. Sup. Ct. 1870)
  4. Daly v. Burchell13 Abb. Pr. 264 (N.Y. Sup. Ct. 1872)

Most recent

  1. Rima v. Rossie Iron Works24 N.E. 940 (N.Y. 1890)
  2. Gotendorf v. Goldschmidt83 N.Y. 110 (1880)
  3. Daly v. Burchell13 Abb. Pr. 264 (N.Y. Sup. Ct. 1872)
  4. McMurray v. McMurray9 Abb. Pr. 315 (N.Y. Sup. Ct. 1870)

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