Hall v. Edmunds
New York Supreme Court
Motion by plaintiff to confirm report of referee upon a claim against an estate referred under the Revised Statutes, and for judgment thereon with disbursements.
1Opinion of the CourtAngle, J.
The counsel opposing the motion in objecting to the allowance of disbursements relies upon Daggett agt. Mead (11 Abb. N. C., 116), in which the judge appears to have rejected these items in a brief oral opinion. In the argument of that case the counsel (as the report shows), stated, “ that part of section 317 of the Code of Procedure allowing disbursements, whenever there is a recovery, was repealed by chapter 417, Laws 1877.” In this the counsel was mistaken, and if the' decision went upon that position an erroneous factor entered into the conclusion of the judge. Instead of section 317…
2Cases cited1 opinion
- Daggett v. MeadNew York Supreme Court · 1882
3Cited by3 opinions
- Hallock v. BaconNew York Supreme Court · 1892
- Larkins v. MaxonNew York Court of Appeals · 1886
- Walker v. GardenerNew York Supreme Court · 1893