Annett v. . Terry
New York Court of Appeals
This case comes up on appeal from an order of the General Term of the Mew York Superior Court, reversing a judgment of the Special Term, and ordering a new trial,- the appellant stipulating that, if the order be affirmed, judgment absolute shall be rendered against him.
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This case comes up on appeal from an order of the General Term of the Mew York Superior Court, reversing a judgment of the Special Term, and ordering a new trial,- the appellant stipulating that, if the order be affirmed, judgment absolute shall be rendered against him. The action is upon the bond of Thomas Kerr, Charles M. Terry and Major Thompson, to the. people of this State, conditioned for the faithful execution, by Thomas Kerr, of the duties of - administrator of the estate of John Strahan,'deceased, and for his obedience of all orders of the surrogate of the county of Mew- -York…
1Opinion of the CourtLeonard, J.
The questions raised by the defense, at the trial, were numerous; but it will not be necessary or profitable to discuss more than one, and that relates to the defense of collusion between the plaintiff and Kerr.
The decree states on its face that it was obtained on the failure of Kerr to attend on the hearing; that it was taken without his appearance; and it follows, of course, that it was taken by default. Kerr was put upon the stand to sustain that defense. He was asked, what became of the fund, and, also, whether any part of it was stolen from him. By stat-' ute, an administrator is not…
2Cases cited1 opinion
- Douglass v. HowlandNew York Supreme Court · 1840
3Cited by21 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Hood v. . HoodNew York Court of Appeals · 1881
- Conner v. . ReevesNew York Court of Appeals · 1886
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Douglass v. . FerrisNew York Court of Appeals · 1893
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