Legal Opinion

Pauley v. Millspaugh

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

Decided July 1, 1904PublishedCited by 2 opinions

Appeal by the defendants, Julia D. Millspaugh and another, as executors, etc., of John H. Millspaugh, deceased, from an order of the Supreme Court, made at the Orange Trial Term and entered in the office of the clerk of the county of Orange on the 29th day of January, 1904, allowing costs and disbursements, including an extra allowance, in favor of the plaintiff, to be collected out of the property of the decedent.

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Appeal by the defendants, Julia D. Millspaugh and another, as executors, etc., of John H. Millspaugh, deceased, from an order of the Supreme Court, made at the Orange Trial Term and entered in the office of the clerk of the county of Orange on the 29th day of January, 1904, allowing costs and disbursements, including an extra allowance, in favor of the plaintiff, to be collected out of the property of the decedent. Section 1836 of the Code of Civil Procedure, which is cited in the opinion, provides as follows : “ Where it appears in a case specified in the last section that the plaintiff’s…

1Opinion of the Court

Jenks, J.:

The defendants appeal from an order made at Trial Term charging costs, disbursements and an allowance against the property of their testator. The motion was made after the trial of the issues, and the record contains affidavits of the respective attorneys which were read on the motion. The learned justice who presided at the trial and who granted the motion certifies that the payment of the claim in suit was unreasonably resisted and neglected, and that the defendants did not file the consent provided for by section 1822 of the Code of Civil Procedure. There is no pretense that the…

2Cases cited2 opinions

  1. Benjamin v. . Ver NooyNew York Court of Appeals · 1901
  2. Ballantyne v. SteenwerthAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. Demarest v. SmithAppellate Division of the Supreme Court of the State of New York · 1911
  2. Sabsevitz v. GabrilowitzCity of New York Municipal Court · 1914

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