Claim of Warner v. Bartle
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Jerome S. Warner, individually and as administrator, etc., of Stebbins Warner, deceased, from a decree of the Surrogate’s Court of the county of Chenango, entered in said Surrogate’s Court on the 19th day of September, 1898, denying the claimant’s motion for a decree directing Marcia S. Bartle, as administratrix, etc., of David W. Bartle, deceased, to pay the judgment upon which the claimant’s claim is based, without prejudice to an action or an…
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Appeal by the claimant, Jerome S. Warner, individually and as administrator, etc., of Stebbins Warner, deceased, from a decree of the Surrogate’s Court of the county of Chenango, entered in said Surrogate’s Court on the 19th day of September, 1898, denying the claimant’s motion for a decree directing Marcia S. Bartle, as administratrix, etc., of David W. Bartle, deceased, to pay the judgment upon which the claimant’s claim is based, without prejudice to an action or an accounting.
1Opinion of the Court
Landon, J.:
This is a special proceeding. (Code Civ. Proc. §§ 2516, 2517, 3334; Matter of Miller, 70 Hun, 61.) It was commenced December 3, 1897, under section 2722 of the Code of Civil Procedure, before the surrogate of Chenango county, to compel the administratrix of the éstate of the judgment debtor to pay a judgment rendered in favor of the appellant’s intestate, in a Justice’s Court of Steuben county, April 16, 1877, for $150.63, a transcript whereof was filed and the judgment docketed in the clerk’s office of that county May 10, 1880. The judgment was docketed in Chenango county January…
2Cases cited9 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Acker v. . AckerNew York Court of Appeals · 1880
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- Stuebner v. StuebnerNew York Supreme Court · 1945
- In re the Estate of GuttroffNew York Surrogate's Court · 1902
- Scherer v. PfuntnerNew York Supreme Court · 1955