Osborne v. Parker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Osborne, from an order of the 'Supreme Court, made at the Genesee Special Term and entered in the office of the clerk of the county of Genesee on the 5th day of March, 1901, granting costs in the above-entitled action in favor of the defendant and against the plaintiff and directing the clerk of Genesee county to retax the disbursements allowed by him to the. plaintiff by ■ disallowing the same, and that the judgment theretofore entered in the…
Read the full summary
Appeal by the plaintiff, Mary Osborne, from an order of the 'Supreme Court, made at the Genesee Special Term and entered in the office of the clerk of the county of Genesee on the 5th day of March, 1901, granting costs in the above-entitled action in favor of the defendant and against the plaintiff and directing the clerk of Genesee county to retax the disbursements allowed by him to the. plaintiff by ■ disallowing the same, and that the judgment theretofore entered in the action he corrected accordingly. The plaintiff presented a claim of $114, besides interest,' for use of a right of way to…
1Opinion of the Court
Spring, J.:.'The amendment to section 2863 of the Code of Civil Procedure,, giving a justice of the -.peace jurisdiction of a demand against an executor or administrator, was added by chapter 527 of the Laws of 1895, and vests that official with authority “ where the amount of, the claim is less than the sum of fifty dollars, and the claim has-been duly presented to the executor or administrator and rejected - by him.” . ;
Is the claim in the present case the one presented and rejected, or the amount of that claim, less the counterclaim allowed by the-referee ?
The counterclaim was for borrowed…
2Cases cited11 opinions
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Mowry v. . PeetNew York Court of Appeals · 1882
- Adams v. OlinNew York Supreme Court · 1894
- Larkins v. . MaxonNew York Court of Appeals · 1886
- Niles v. CrockerNew York Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Judicial Settlement of the Account of GossAppellate Division of the Supreme Court of the State of New York · 1904
- Domeyer v. HoesAppellate Division of the Supreme Court of the State of New York · 1904
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887