People Ex Rel. Adams v. Westbrook
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 20, 1881, which affirmed an order of Special Term, denying an application on the part of the relator for a peremptory writ of prohibition. The nature of the writ sought for and the material facts are stated in the opinion.
1Opinion of the CourtRapallo, J.
The relator has certain equitable claims against the estate of Peter G. Fox, deceased, upon which he brought an action against Fox in his life-time in the Supreme Court. A decision was rendered in that action, in favor of the relator, and judgment was entered on such decision, but the judgment was set aside on the ground that Fox had died before the findings and conclusions of the trial jxxdge were signed, and the action was ordered to proceed as if no decision or findings had been signed. The relator, therefore, stands as plaintiff in an equitable action pending in the Supreme Court against…
2Cases cited1 opinion
- State v. HudnalSupreme Court of South Carolina · 1820
3Cited by20 opinions
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- Walcott v. WellsNevada Supreme Court · 1890
- State ex rel. Boston & Montana Consol. C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
- Silver Peak Mines v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1910
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