Stephenson v. Stephenson

Citations

• 6 Paige Ch. 353
• 1837 N.Y. LEXIS 243
• 1837 N.Y. Misc. LEXIS 34

Syllabus

<p>Where a hill has been filed against an infant defendant and a general answer thereto has been put in by the guardian ad litem, the infant upon his arriving at full age, and before decree, is entitled as a matter of right to an order for leave to put in a new answer, upon his showing to the satisfaction of the court that a new or further answer is necessary to protect his tights.</p> <p>A bill against an infant while he remains a minor, is a bill for relief merely, as the answer of the guardian ad litem cannot be used as evidence either for or against the infant. And if the infant after he becomes of age applies and obtains leave to put in a new answer in person, it is proper to allow the complainant to amend his bill so as to waive an answer on oath as to him.</p> <p>Whether an answer on oath can be waived as to one only of several defendants, who have a joint interest in the subject of the litigation ? Qutzre.</p>