Legal Opinion

O'Connor v. McLaughlin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 3 opinions

Appeal by the plaintiff, Ann O’Connor, as committee of the person and estate of Grace McLaughlin, an incompetent person, from an order described in the notice of appeal as follows: “ an order of the Special Term of this court, granted on the 16th day of July, 1902, and entered in the office of the clerk of the county of Kings on the 16th day of July, 1902.” The order appointed a referee to take the deposition of a person not a party to the action.

1Opinion of the Court

Goodrich, P. J.:

The appeal is from an order made under section 885 of the Code of Civil Procedure, granting leave to the defendant, after trial of ihe action, to take the deposition of Mary Law, who was a witness on the trial, which deposition the defendant desired to use on a motion which she intended to make for a new trial on the ground of newly-discovered evidence. The action was brought by the plaintiff in favor of her incompetent sister, to establish a trust in favor of such incompetent in the proceeds arising from the sale of No. 51 Jay street, Brooklyn, and for an accounting of the…

2Cases cited1 opinion

  1. Fleming v. HollenbackNew York Supreme Court · 1849

3Cited by3 opinions

  1. Mcquade v. Prudential Insurance of AmericaCity of New York Municipal Court · 1938
  2. In re Estate of CohenNew York Surrogate's Court · 1919
  3. Reiss v. RealtyCity of New York Municipal Court · 1934

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