New York Supreme Court, 1889

Wood v. Mitchell

Wood v. Mitchell
New York Supreme Court · Decided July 9, 1889 · MacOmber
6 N.Y.S. 948; 3 Silv. Sup. 349; 25 N.Y. St. Rep. 149; 1889 N.Y. Misc. LEXIS 873 (New York Supplement)

Counsel

James C. Bergen, for appellant. Cornelius Boremus and Barlow & Car-man, for respondents.

Wood v. Mitchell

Opinion of the Court

Macomber, J.

This case, in respect to the legal questions presented, differs from the one involving the confession of judgment in favor of Thomas-G. Mitchell and others, ante, 232, (decided at this term of court,) only in this respect: that it does not involve the question of infancy, and the failure to-appoint a guardian ad litem for the infants before the entry of judgment by confession in their favor, and consequently the decision in it must follow the result of the other case. The order appealed from should be affirmed, with. $10 costs and disbursements. All concur.

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