Rutherford v. Soop
New York Supreme Court
Appeal from special term, Chenango' county. Claim by Addie S. Rutherford against Henry C. Soop, as executor of John M. Rutherford, deceased.
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Appeal from special term, Chenango' county. Claim by Addie S. Rutherford against Henry C. Soop, as executor of John M. Rutherford, deceased. An order was granted denying a motion made by the plaintiff to compel the defendant to make specific answer under oath to the plaintiff's claim, and requiring the defendant “to serve upon the plaintiff herein a duly-verified amended answer herein, setting forth and separately stating all defenses claimed to be made by the said defendant to the matters alleged in the plaintiff’s complaint herein; or that the defendant fully and fairly apprise in writing…
1Opinion of the CourtHardin, P. J.
In Bucklin v. Chapin, 1 Bans. 443, it was held that a reference under the statute stands in place of an action, and the entry of an order to refer must be deemed its commencement. In Tracy v. Suydam, 30 Barb. 110, it was held that, where parties agree to refer under the statute—
“The agreement to refer need not notice matters of defense to the claim. The account presented is, in effect, the plaintiff’s complaint; and, there being no pleadings, and no provision in the statute for pleadings, the defendant is limited to no particular defense; and, consequently, any and every legal defense against…
2Cases cited7 opinions
- Roe v. . BoyleNew York Court of Appeals · 1880
- Tracy v. SuydamNew York Supreme Court · 1859
- Eldred v. . EamesNew York Court of Appeals · 1889
- Gilbert v. . ComstockNew York Court of Appeals · 1883
- Dryer v. BrownNew York Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lamphere v. LamphereNew York Supreme Court · 1900
- Simons v. SteeleAppellate Division of the Supreme Court of the State of New York · 1903