Sanford v. Sanford
New York Court of Appeals
This was a motion to dismiss an appeal. The grounds of the application and the facts appear in the opinion.
1Opinion of the CourtRapallo, J.
After the recovery of judgment in this case and an appeal to the General Term, the defendant was declared a bankrupt on his own application. The plaintiff, nevertheless, with notice of -that fact, proceeded to the argument of the appeal at General Term, and obtained a judgment of affirmance and for the costs of the appeal. From that judgment the defendant appeals to this court. The plaintiff moves to dismiss this appeal, on the ground that it can only be prosecuted by the assignee in bankruptcy, and-cites the case of Herndon v. Howard, (9 Wal., 664), as a controlling authority.
Giving to the…
2Cited by6 opinions
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- Fahlstrom v. DenkOregon Supreme Court · 1933
- Cannon v. PoorHawaii Supreme Court · 1897
- Grabb v. NicholasAppellate Division of the Supreme Court of the State of New York · 1956
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