Thorburn v. Gates
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dellora R. Gates, individually, from part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of February, 1917, and from part of an order entered in said clerk’s office on the 29th day of January, 1917, as resettled by the prior order.
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Appeal by the defendant, Dellora R. Gates, individually, from part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of February, 1917, and from part of an order entered in said clerk’s office on the 29th day of January, 1917, as resettled by the prior order. An appeal is taken from so much of said orders as grants plaintiff’s motion that his default in not serving a second amended complaint herein be opened and the judgment herein on the 17th day of November, 1916, be vacated.
1Opinion of the Court
Scott, J.:
This action was brought in March, 1916, to obtain the appointment of a receiver of the estate within the State of New York of John W. Gates, deceased, who died a citizen of the State of Texas, and whose will was probated in that State.
Plaintiff has already made two unsuccessful attempts to frame a complaint which would be proof against a demurrer. Both the original complaint and the first amended complaint were found to be defective. On August 26,1916, an order was entered sustaining the demurrer to the amended complaint and granting defendant’s motion for judgment. By this order…
2Cases cited1 opinion
- Sutter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Philadelphia & Reading Coal & Iron Co. v. KeverCourt of Appeals for the Second Circuit · 1919