Kent v. West
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac S. West, as guardian and as committee of the person and property of Asa. K. West, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 13th day of January, 1897, denying his motion to restrain the prosecution of the action against Asa K, West and to punish the plaintiff for contempt of court for the prosecution thereof as against the said Asa K. West.
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Appeal by the defendant, Isaac S. West, as guardian and as committee of the person and property of Asa. K. West, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 13th day of January, 1897, denying his motion to restrain the prosecution of the action against Asa K, West and to punish the plaintiff for contempt of court for the prosecution thereof as against the said Asa K. West. The language of the order from which the appeal is taken is as follows : “ Ordered, that this motion be denied without costs,…
1Opinion of the Court
Hardin, P. J.:
Inasmuch as the Erie County Court appointed the appellant Committee of Asa K. Wes-t, it was competent for that court to grant an order giving leave to the plaintiff “ to bring an action * * * in the Supreme Court of this State against Isaac S. West as committee of the property of Asa K. West, an incompetent person.”
In Pharis v. Gere (110 N. Y. 347) it was stated, citing The Matter of the Application of Otis (101 id. 581): “That the committee had no interest in the property; that his possession was the possession of the court, and his authority that of its agent acting under its…
2Cases cited6 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1875
- De Groot v. JayNew York Supreme Court · 1859
- Pharis v. . GereNew York Court of Appeals · 1888
- Williams v. Empire Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Higgins v. WrightNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- Lee v. StateNew York Court of Claims · 1946
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of PalestineNew York Surrogate's Court · 1934
- Kroner v. ReillyAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.