Demuth v. . Kemp
New York Court of Appeals
Appeal, in each of the above-entitled actions, from a judgment, entered January 12, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint, in actions brought by the plaintiff, á judgment creditor of the defendant George Kemp, to reach alleged surplus income of the defendant George…
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Appeal, in each of the above-entitled actions, from a judgment, entered January 12, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint, in actions brought by the plaintiff, á judgment creditor of the defendant George Kemp, to reach alleged surplus income of the defendant George Kemp under two trusts in the hands of the other defendants above named, the trustees thereof , one trust having been…
1Opinion of the Court
Judgment in each case affirmed, with costs, on the sole ground that the plaintiff has, failed to comply with sections 1871 and 1872 of the Code of Civil Procedure; no opinion.. Concur: Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. Not voting: Willard Bartlett, Ch. J.
2Cited by5 opinions
- Matter of Kaplan v. PeyserNew York Court of Appeals · 1937
- Canfield v. Security First National BankCalifornia Court of Appeal · 1935
- Spellman v. SullivianDistrict Court, S.D. New York · 1930
- In re the Estate of SeniorNew York Surrogate's Court · 1939
- Rowe v. Farmers' Loan & Trust Co.New York Supreme Court · 1928