Ashley v. Lamb
New York Supreme Court
Appeal from special term, Monroe county. Action by Julia P. Ashley and Jeannie T. Hard, administratrices, etc., ■of William M. Ashley, deceased, against George W. Lamb, to restrain the collection, and to cancel and cause the discharge of record, of a judgment recovered against the plaintiff’s intestate. This judgment was recovered by Charles O. Ashley, June 19,1872, for $587.43, assigned by him to Portus M. Hinman, and by the latter to the defendant.
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Appeal from special term, Monroe county. Action by Julia P. Ashley and Jeannie T. Hard, administratrices, etc., ■of William M. Ashley, deceased, against George W. Lamb, to restrain the collection, and to cancel and cause the discharge of record, of a judgment recovered against the plaintiff’s intestate. This judgment was recovered by Charles O. Ashley, June 19,1872, for $587.43, assigned by him to Portus M. Hinman, and by the latter to the defendant. Upon the petition 'of the defendant for that purpose, a citation was issued by the surrogate of Monroe county, and served upon the plaintiffs,…
1Opinion of the Court
Bradley, J., (after stating the facts.)
The decree of the surrogate directing payment of the defendant’s claim remains as effectual as when entered. Ho appeal lias been taken from it. It is not alleged that the decree was obtained by fraud. It would therefore seem that at the threshold the inquiry ■arises whether or not the decree had the support of the jurisdiction of the surrogate to make it. The decree appears to have been entered in the proceeding for the judicial accounting of the plaintiffs, instituted upon their petition pursuant to the statute, and in such case, “ where the validity of…
2Cases cited5 opinions
- Riggs v. . CraggNew York Court of Appeals · 1882
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
- Martine's EstateNew York Surrogate's Court · 1882
- Greene v. DayNew York Surrogate's Court · 1882