Perkins v. Whitney
New York Supreme Court
Appeal from special term, Kings county. Action by Julietta Perkins against William W. Whitney and others to establish a will. From a judgment for defendants entered on the dismissal of the complaint on plaintiff’s default, and from an order denying a motion for a postponement of the trial, an order denying an application for a commission to take testimony, and an order granting an allowance additional to costs against plaintiff, plaintiff appeals. Code Civil Proc.
Read the full summary
Appeal from special term, Kings county. Action by Julietta Perkins against William W. Whitney and others to establish a will. From a judgment for defendants entered on the dismissal of the complaint on plaintiff’s default, and from an order denying a motion for a postponement of the trial, an order denying an application for a commission to take testimony, and an order granting an allowance additional to costs against plaintiff, plaintiff appeals. Code Civil Proc. N. T. § 3253, provides that, in certain actions specified, in addition to costs, “the court may also, in its discretion, award to…
1Opinion of the CourtDykman, J.
In this action we have for determination four appeals, one from the judgment dismissing the plaintiff’s complaint, one from the order denying the motion of the plaintiff for a postponement of the trial of the action at the special term, one from the order denying the application of the plaintiff for a commission to take the testimony of a witness in the city of Washington, and one from an order granting an allowance against the plaintiff in addition to costs. We find all these appeals meritorious; but the. judgment was by default, and relief from that cannot be afforded by the general term.…
Also in this document: Concurrence.
2Cases cited15 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- People v. VermilyeaNew York Supreme Court · 1827
- Brill v. LordNew York Supreme Court · 1817
- Ogden v. PayneNew York Supreme Court · 1825
- Gallaudet v. SteinmetzThe Superior Court of New York City · 1879
10 more not listed; retrieve them via the Exa API.