Lindslay v. Deafendorf
New York Supreme Court
This action was commenced to recover possession of a five hundred dollar bond, or the proceeds thereof. The summons was served on the defendant, Solomon, April, 1870, who employed Whitney & Skinner as his attorneys, who appeared and answered for' him.
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This action was commenced to recover possession of a five hundred dollar bond, or the proceeds thereof. The summons was served on the defendant, Solomon, April, 1870, who employed Whitney & Skinner as his attorneys, who appeared and answered for' him. And on the 31st of August, 1871, the summons and complaint were served on defendant, Frederick B., who retained the law firm of Whitney & Skinner as his attorneys, and they served an answer for him, October, 1871. The trial was had at the January circuit, and a judgment given for the defendants, dismissing plaintiff’s • complaint. The principal…
1Opinion of the CourtHardin, J.
—The decision filed in this action directed judgment in favor of the defendants against the plaintiff. That allows the costs to be taxed, and charged upon, and collected out of the estate represented by the administrator, and, in the absence of a special order made for mismanagement, they cannot be collected out of the administrator personally (Code, § 317; Dodge agt. Crandall, 30 N. Y., 294; Slocum agt. Barry, 38 N. Y., 46 ; Fish agt. Crane, 9 Abb., N. S., 352; House agt. Lloyd, 9 Abb., N. S., 257).
Had the plaintiff recovered judgment in this action, he would have also, under section 304,…
2Cases cited6 opinions
- United States Ex Rel. MacKey v. CoxeSupreme Court of the United States · 1856
- Dodge v. . CrandallNew York Court of Appeals · 1864
- Ahl v. JohnsonSupreme Court of the United States · 1858
- Brockway v. JewettNew York Supreme Court · 1853
- Slocum v. . BarryNew York Court of Appeals · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mazet v. CrowCity of New York Municipal Court · 1890
- Smith v. A. D. Farmer Type Founding Co.Appellate Terms of the Supreme Court of New York · 1896
- Mazet v. CrowCity of New York Municipal Court · 1890
- Smith v. A. D. Farmer Type-Founding Co.Appellate Division of the Supreme Court of the State of New York · 1896