Lawbaugh v. Sweeney

Appellate Division of the Supreme Court of New York

Lawbaugh v. Sweeney

242 A.D. 500, 275 N.Y.S. 869, 1934 N.Y. App. Div. LEXIS 6105

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 1934

StatusPublished

This text of 242 A.D. 500 (Lawbaugh v. Sweeney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lawbaugh v. Sweeney, 242 A.D. 500, 275 N.Y.S. 869, 1934 N.Y. App. Div. LEXIS 6105 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

The record does not disclose that Annie E. Hawkins, the incompetent, was served with process as a defendant in the action or that she appeared therein. There was, therefore, no necessity for the appointment of a special guardian for her.

The order so far as appealed from should be reversed, with twenty dollars costs and disbursements, and the motion in said respect denied, with leave to the respondents to renew the motion upon proof that the incompetent was served with process or appeared in the action.

Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.

Order so far as appealed from reversed, with twenty dollars costs and disbursements, and motion denied, with leave to the respondents to renew the motion upon proof that the incompetent was served with process or appeared in the action.

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Per Curiam.

The record does not disclose that Annie E. Hawkins, the incompetent, was served with process as a defendant in the action or that she appeared therein. There was, therefore, no necessity for the appointment of a special guardian for her.

The order so far as appealed from should be reversed, with twenty dollars costs and disbursements, and the motion in said respect denied, with leave to the respondents to renew the motion upon proof that the incompetent was served with process or appeared in the action.

Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.

Order so far as appealed from reversed, with twenty dollars costs and disbursements, and motion denied, with leave to the respondents to renew the motion upon proof that the incompetent was served with process or appeared in the action.

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Bluebook (online)

242 A.D. 500, 275 N.Y.S. 869, 1934 N.Y. App. Div. LEXIS 6105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawbaugh-v-sweeney-nyappdiv-1934.