When an infant or a mentally incompetent person is a party to an action and was not represented in the action in the lower court by a guardian ad litem, general guardian or trustee, the time within which such infant or mentally incompetent person may appeal to the Supreme Court shall begin to run at the ceasing of such disability and not at the time of signing the judgment or decree.

Code 1852, §§ ?2758, 2762; Code 1915, §§ ?4689, 4693; Code 1935, §§ ?5147, 5151; 10 Del. C. 1953, § ?146;

Terms Used In Delaware Code Title 10 Sec. 146

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Trustee: A person or institution holding and administering property in trust.
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