McGrath v. Weiller
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry Fernberger, as executor, etc., of Herrmami Weiller, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of August, 1904, reviving and continuing against him the above-entitled action brought against the said Herrmann Weiller, deceased, in his lifetime.
1Opinion of the Court
IIlBSCHBEBG, P. J. :
The court was without jurisdiction to grant the order appealed from. The action is at law and was brought against Herrmann Weiller to recover a money judgment bn contract. Pending the trial the defendant died at his place of residence in Philadelphia, Pa., and thereafter, on the probate of his will, letters testamentary were issued in Pennsylvania to his executor, the appellant, who is a resident of that State. The order appealed from revives and continues the action against the executor. It does not appear that the executor was at any time within the jurisdiction of the…
2Cases cited11 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Noonan v. BradleySupreme Court of the United States · 1870
- Doolittle v. LewisNew York Court of Chancery · 1823
- McNamara v. DwyerNew York Court of Chancery · 1838
- Lyon v. . ParkNew York Court of Appeals · 1888
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3Cited by3 opinions
- National Council of Knights & Ladies of Security v. ScheiberSupreme Court of Minnesota · 1917
- Neuberger v. HartAppellate Division of the Supreme Court of the State of New York · 1943
- C. F. Stromeyer Co. v. AldrichDistrict Court, S.D. New York · 1915