Bartley v. Pitcher

Appellate Terms of the Supreme Court of New York

Bartley v. Pitcher

131 Misc. 597, 227 N.Y.S. 46, 1928 N.Y. Misc. LEXIS 694

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 15, 1928

StatusPublished

This text of 131 Misc. 597 (Bartley v. Pitcher) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartley v. Pitcher, 131 Misc. 597, 227 N.Y.S. 46, 1928 N.Y. Misc. LEXIS 694 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

As it is provided by subdivision 3 of section 26 of the Municipal Court Code that where no guardian is appointed for an infant defendant in accordance with the provisions of subdivision 2 of that section, “ the court, or a justice thereof, shall, at any time before judgment, make such appointment,” it was error, notwithstanding plaintiff’s application on the trial for the appointment of a guardian, to grant judgment for defendant dismissing the complaint because no guardian had been appointed.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Levy and Crain, JJ.

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Per Curiam.

As it is provided by subdivision 3 of section 26 of the Municipal Court Code that where no guardian is appointed for an infant defendant in accordance with the provisions of subdivision 2 of that section, “ the court, or a justice thereof, shall, at any time before judgment, make such appointment,” it was error, notwithstanding plaintiff’s application on the trial for the appointment of a guardian, to grant judgment for defendant dismissing the complaint because no guardian had been appointed.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Levy and Crain, JJ.

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Bluebook (online)

131 Misc. 597, 227 N.Y.S. 46, 1928 N.Y. Misc. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartley-v-pitcher-nyappterm-1928.