Crowley v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Cornelius George Crowley and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in. the office of the clerk of the county of Hew York on the Btli day of June, 1898, denying the plaintiffs’ motion that Margaret Wilkinson, individually. and as administratrix of Mary Murphy, deceased, be substituted as defendant, and that this cause be revived and continued against her as aforesaid in the place and stead of Mary…
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Appeal by the plaintiffs, Cornelius George Crowley and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in. the office of the clerk of the county of Hew York on the Btli day of June, 1898, denying the plaintiffs’ motion that Margaret Wilkinson, individually. and as administratrix of Mary Murphy, deceased, be substituted as defendant, and that this cause be revived and continued against her as aforesaid in the place and stead of Mary Murphy, deceased.
1Opinion of the Court
O’Brien, J.:
Unless the right here sought for the revival and continuance of the action is accorded under sections 755 and 757 of the Code of Civil Procedure, then on the grounds of, laches, which are enumerated and considered in the court below, it should be denied. The appellants, however, contend that such right is absolute, and reference is made not only to the mandatory language of the Code provisions, but also to certain authorities, particularly to Holsman v. St. John (90 N. Y. 461) and Pringle v. Long Island R. R. Co. (27 App. Div. 144). These are undoubted- authorities in favor of the…
2Cases cited5 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Evans v. . ClevelandNew York Court of Appeals · 1878
- Pringle v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Shipman v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Jones v. JonesAppellate Division of the Supreme Court of the State of New York · 1902
- Cheney v. RankinNew York Supreme Court · 1899