Legal Opinion

Mills v. Thursby

New York Supreme Court

Decided May 12, 1854No. 8PublishedCited by 1 opinion

This was a motion to amend an appeal from a judgment in a proceeding against the executors of a deceased judgment debtor, who was summoned under sections 375 and 376 of the Code, providing that his “ personal representatives ” be “summoned at any time within one year after their appointment,” “ to show cause why they should not be bound by the judgment in the same manner as if they had been originally summoned.” insisted the' mistake of appellants was accidental, and ought…

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This was a motion to amend an appeal from a judgment in a proceeding against the executors of a deceased judgment debtor, who was summoned under sections 375 and 376 of the Code, providing that his “ personal representatives ” be “summoned at any time within one year after their appointment,” “ to show cause why they should not be bound by the judgment in the same manner as if they had been originally summoned.” insisted the' mistake of appellants was accidental, and ought to be' amended. , contended the appeal was frivolous, and not taken in good faith; and relied on the above named sections…

1Opinion of the Court

Mitchell, Justice.

Mills recovered a judgment in this court against John Thursby, the testator, for $19,455.78-100th, on 13th September, 1851.

The testator died 23d April, 1853, and the defendants were appointed his executors on the 15th of June following. On the 12th of the following November, the plaintiff issued a summons against these defendants, requiring them to show cause at a special term of this court, in twenty days after service "of the summons, why that judgment (describing it as obtained oh the 13th September, 1851, for $19,455.78,) should not be enforced against the estate of said…

2Cited by1 opinion

  1. Hill v. . BurkeNew York Court of Appeals · 1875

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