Coughlin v. Fay
This text of 22 N.Y.S. 1095 (Coughlin v. Fay) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Upon an examination of the papers contained in this submission, it appears that there is an attempt to affect the rights of infants by such submission, and to make such infants parties to such submission by the action of their general guardians. We are aware of no way in which the court can acquire jurisdiction of infants except by action brought on behalf of the infant by a guardian ad litem, or by the service of a summons, as prescribed by the Code, upon the infant. A general guardian has no power to submit a cause of action, either on behalf of or against an infant, so as to give the court jurisdiction to adjudicate upon the rights of the infant.
This attempted submission must therefore be dismissed.
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Cite This Page — Counsel Stack
22 N.Y.S. 1095, 75 N.Y. Sup. Ct. 521, 52 N.Y. St. Rep. 661, 68 Hun 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coughlin-v-fay-nysupct-1893.