Stilwell v. . Swarthout
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear in the opinion. The order to show cause having been duly served upon all the parties, and they having appeared at the time it was returnable, without objection, are estopped from denying that it was irregular, and that the surrogate had no jurisdiction. (Dykeman v. The Mayor, etc., of New York, 1 Seld. 434; Matthews v. Hand, 8 Johns. 50; Griswold…
1Per curiam
The plaintiffs in this action seek to reach a fund which it is alleged was in the hands of defendants, Elizabeth Swarthout, administratrix, and Henry D. Barto, administrator of Addison Swarthout, deceased, and to compel its application to the payment of alleged demands against said estate. The other defendants are the heirs-at-law and next of kin of the intestate. It is claimed that the money in question was received upon a sale of the real estate of the intestate for the payment of his debts, and should be applied to the liquidation of the plaintiffs’ demands.
It appears that after the sale…
2Cases cited6 opinions
- Selover v. . CoeNew York Court of Appeals · 1875
- Wood v. WoodNew York Supreme Court · 1858
- Lefevre v. LarawayNew York Supreme Court · 1856
- Rea v. M'EachronNew York Supreme Court · 1835
- Havens v. ShermanNew York Supreme Court · 1864
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3Cited by20 opinions
- O'Connor v. . HugginsNew York Court of Appeals · 1889
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- Ellwood v. . NorthrupNew York Court of Appeals · 1887
- Ley v. PilgerNebraska Supreme Court · 1900
- Rome v. WhiteCivil Court of the City of New York · 1975
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