Suffern v. Lawrence
New York Supreme Court
—This was a motion to set mA an order dismissing the appeal in this cause. The appeal was from an order of the surrogate of Hew York, made on the 10th day of June, 1848, disallowing a claim of the appellant against the estate of Isaac Lawrence, deceased.
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—This was a motion to set mA an order dismissing the appeal in this cause. The appeal was from an order of the surrogate of Hew York, made on the 10th day of June, 1848, disallowing a claim of the appellant against the estate of Isaac Lawrence, deceased. The claim had been presented to the surrogate, in pursuance of a notice previously issued by him, of a further distribution of the proceeds of the real estate of the deceased; and requiring all persons having claims or demands against the estate, to exhibit them to the surrogate at a time specified in the notice. The claim was contested…
1Opinion of the Court
Harris, Justice.
The practice of this court requires notice of every application to be given to all the parties whose interest is to be affected by the determination of the question involved in such application. This is the general rule. (Isnard v. Cazeaux, 1 Paige, 39.) To this rule there are some exceptions. The 43d rule dispenses with such notices in the ordinary proceedings in a cause, where the defendant has not appeared therein. His omission to appear is to be regarded as a waiver of his right to notice of the proceedings against him. So the 83^, fie provides, that upon an appeal from an…
2Cases cited4 opinions
- Isnard v. CazeauxNew York Court of Chancery · 1828
- Gilchrist v. ReaNew York Court of Chancery · 1841
- Halsey v. Van AmringeNew York Court of Chancery · 1833
- Gardner v. GardnerNew York Court of Chancery · 1835