Larkins v. . Maxon
New York Court of Appeals
This was a reference under the statute of a disputed claim against an estate. ■ , ■ The following is an extract from the opinion: “ Prom the judgment entered on the report of the referee the General Term struck out the disbursements taxed and allowed, upon the ground that section 317 of the old Code of Procedure, which provided for their taxation, was repealed by the Repealing Act of 1880, and the right was not preserved by subdivision 8 of section 3 of that act.
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This was a reference under the statute of a disputed claim against an estate. ■ , ■ The following is an extract from the opinion: “ Prom the judgment entered on the report of the referee the General Term struck out the disbursements taxed and allowed, upon the ground that section 317 of the old Code of Procedure, which provided for their taxation, was repealed by the Repealing Act of 1880, and the right was not preserved by subdivision 8 of section 3 of that act. Upon the construction of that saving clause there has been a difference of opinion in the Supreme Court. In Miller v. Miller (32…
1Opinion of the Court
Per Curiam mem.
for reversal of order of General Term, and for affirmance of judgment as entered at Special Term.
All concur.
Judgment accordingly.
2Cited by8 opinions
- Niles v. CrockerNew York Supreme Court · 1895
- Osborne v. ParkerAppellate Division of the Supreme Court of the State of New York · 1901
- Mulligan v. CannonNew York Supreme Court · 1896
- Outhouse v. OdellNew York Supreme Court · 1895
- Bertholf v. CarrNew York Supreme Court · 1890
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