Peace v. . Wilson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 1G, 1905, affirming a judgment in favor of plaintiff entered upon a decision of tiie court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 1G, 1905, affirming a judgment in favor of plaintiff entered upon a decision of tiie court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Subdivision 1 of section 1913 of the Code of Civil Procedure could not operate retroactively, and, therefore, did not affect judgments of extinct courts of record. (Ely v. Holton, 15 N. Y. 595; Matter of Prime, 136 N. Y. 347; Matter of Warde, 154 N. Y. 342.) Section…
1Opinion of the CourtEdward T. Bartlett, J.
This is an action upon a judgment recovered in the 'Marine Court of the city of New York on November 3rd, 1881, by the present plaintiff, Hugh K. Peace, and William K. Peace as partners. The judgment was docketed in the office of the clerk of the city and county of New York the same day it was recovered. William Iv. Peace died February 26th, 1898. The plaintiff, Hugh IL Peace, is the owner-of the judgment sued upon as surviving partner, as residuary legatee under the will of William Iv. Peace and as assignee of the executors under said will.
The present action was begun September 20th, 1901,…
2Cases cited8 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- Neass v. MercerNew York Supreme Court · 1853
- In Matter of PalmerNew York Court of Appeals · 1869
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3Cited by12 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- United Wall Paper Factories, Inc. v. HodgesCourt of Appeals for the Second Circuit · 1934
- City of New York v. . ApplebyNew York Court of Appeals · 1916
- Klum v. Clinton Trust Co.New York Supreme Court · 1944
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