Legal Opinion

In re Hitchings

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 1913PublishedCited by 4 opinions

Appeal by the petitioner, Maria D. Hitchings, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of April, 1913.

1Opinion of the Court

Per Curiam :

This is an appeal from an order made at Special Term in Kings county, denying a motion made by the petitioner for a summary order to compel certain attorneys, who composed the firm of Wyckoff, Clarke & Frost, to pay over to the petitioner certain moneys. The motion was denied in the discretion of *393the court and without prejudice to the right of petitioner to bring an action.

In an application like this, the granting of the relief sought is within the discretion of the court, and it is not a matter of absolute legal right. (Matter of Schell, 128 N. Y. 07.) Where the moneys sought to…

2Cases cited1 opinion

  1. Matter of LangslowNew York Court of Appeals · 1901

3Cited by4 opinions

  1. Gross v. VogelAppellate Division of the Supreme Court of the State of New York · 1921
  2. Franz v. GelsonAppellate Division of the Supreme Court of the State of New York · 1937
  3. In re ClarkeAppellate Division of the Supreme Court of the State of New York · 1914
  4. Neuwirth v. MelvinAppellate Division of the Supreme Court of the State of New York · 1948

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