Coughlin v. Fay — 52 N.Y. St. Rep. 661

Majority

p. 661

Teresa Coughlin, Pl'ff, v. James Fay, Ex'r, et al., Def'ts.

(Supreme Court, General Term, First Department,

Filed April 14, 1893.)

Headnote

Submission of controversy—Infants.

A general guardian lias 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.

p. 662

Submission upon an agreed state of facts for the purpose of obtaining a construction of the last will and testament of Owen Keenan, deceased.

C. Strauss, for pl'ff; D. Daly, for def'ts.

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 infanr 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.

Yan Brunt, P. J., O’Brien and Follett, JJ., concur.