Doremus v. Doremus
New York Supreme Court
Appeal from special term, New York county. Action by Charles G. Doremus against Arieanna M. Doremus and others. Defendants appeal from an order directing payment of extra allowances in addition to costs. Reversed.
1Opinion of the CourtBarrett, J.
We do not agree with the appellants in their first contention, that the value of the plaintiff’s interest is the sole subject-matter here involved. This is an action for the partition of real estate, and the property sought to be partitioned is the subject-matter involved, within the meaning of section 3253 of the Code of Civil Procedure. The question is not affected by the fact that the partition follows a successful attack upon a will. It is still an action for the partition of real estate. In such an action the plaintiff does not, as in ejectment, seek to recover his interest from the…
2Cases cited9 opinions
- Gott v. CookNew York Court of Chancery · 1839
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
- Struthers v. . PearceNew York Court of Appeals · 1873
- Weaver v. . ElyNew York Court of Appeals · 1880
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3Cited by9 opinions
- In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- Warren v. . WarrenNew York Court of Appeals · 1911
- Hafner v. HafnerNew York Supreme Court · 1901
- Walter v. WalterNew York Supreme Court · 1908
- Hascall v. KingAppellate Division of the Supreme Court of the State of New York · 1900
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