Marine Bank of Chicago v. Van Brunt
New York Supreme Court
APPEAL from an order made at a special term, granting leave to the plaintiff to issue execution, upon a judgment rendered in this court, against the personal representatives of the deceased defendant.
1Opinion of the Court
By the Court, Cardozo, J.
I am of opinion that the order below was right, both upon principle and. authority. The consent of the surrogate in accordance with chapter 295 of the laws of 1850, is an additional requisite which the law has imposed, before execution can be issued against the estate of a deceased judgment debtor. (Alden v. Clark, 11 How. 209. Frink v. Morrison, 13 Abb. 80.) Those cases are not overcome, or impaired, by Wilgus v. Bloodgood, (33 How. 289,) and Flanagan v. Tinin, (53 Barb. 587.) In the former, (33 How.) leave to issue execution was applied for in the Supreme Court, and…
2Cases cited2 opinions
- Warner v. MartinSupreme Court of the United States · 1851
- Flanagan v. TinenNew York Supreme Court · 1868
3Cited by1 opinion
- Atlas Refining Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1900