25 N.Y.S. 693 | N.Y. Sup. Ct. | 1893
The infant defendant was upward of 14 years of age when her guardian ad litem was appointed upon the petition of the plaintiffs’ attorney. An appointment of a guardian ad litem for an infant of the age of 14 years or upward cannot be made upon such a petition until after the expiration of 20 days from the time when the service of the summons is complete. Code Civil Proc. § 471.
Code Civil Proc. § 471, provides that an infant defendant must appear by guardian appointed on the infant’s application if he is 14 years old or upward, and applies within 20 days after personal service of summons, or after service thereof by publication is complete, or, if he neglects so to apply, upon the application of any other party to the action, who must give notice thereof to his guardian, or, if he have none, to the infant himself.