Buckland v. . Gallup
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 23, 1886, which reversed an order of Special Term, setting aside a judgment for costs against plaintiff, individually, and amending the judgment so as to direct costs to be paid out of any assets in his hands as administrator. (Reported . below, 40 Hun, 61.) The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 23, 1886, which reversed an order of Special Term, setting aside a judgment for costs against plaintiff, individually, and amending the judgment so as to direct costs to be paid out of any assets in his hands as administrator. (Reported . below, 40 Hun, 61.) The facts, so far as material, are stated in the opinion. Section 1814 of the Code of Civil Procedure made it expressly obligatory upon plaintiff to bring this action in his representative capacity. (Spencer v. Strait, 23 N. Y. Week.…
1Opinion of the CourtDanforth, J.
The plaintiff, describing himself both in the title and body of the complaint as “ administrator, etc., of "Warren Buckland, deceased,” demanded judgment against the defendant for"the sum of $2,000 and costs of the action. The defendant answered, denying the material allegations of the complaint, and upon trial before a referee, had judgment dismissing the complaint, with costs against the plaintiff in his individual capacity. Upon the plaintiff’s application the Special Term ordered an amendment so that the judgment should direct the costs of the action “ to be paid out of any assets in his…
2Cases cited5 opinions
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Thompson v. . WhitmarshNew York Court of Appeals · 1885
- Valentine v. JacksonNew York Supreme Court · 1832
- Lyon v. MarshallNew York Supreme Court · 1851
- Burhans v. BlanchardCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by16 opinions
- Parker v. . DayNew York Court of Appeals · 1898
- Blood v. KaneNew York Supreme Court · 1889
- Dunphy v. CallahanAppellate Division of the Supreme Court of the State of New York · 1908
- Mullen v. GuinnNew York Supreme Court · 1895
- Rooney v. BodkinAppellate Division of the Supreme Court of the State of New York · 1904
11 more not listed; retrieve them via the Exa API.