Wice v. Commercial Insurance

Citations

• 7 Daly 258
• 2 Abb. N. Cas. 325

Syllabus

<p>A defendant, upon the commencement of an action against him by an infant, is entitled to an appearance by such infant by a guardian ad litem,, who ie pecuniarily • responsible for his costs. But if the defendant does not raise the question of the guardian’s responsibility as soon as apprised of the person appointed, he ae- . quiesces in his sufficiency to act in that capacity, and cannot afterwards attack it.</p> <p>Where, therefore, after judgment for the defendant, an application was made to have all proceedings in the action on the part of the plaintiff stayed until payment of the defendant’s costs :—Held, that the court, in the absence of some statutory provision, had no power to grant such an application.</p>