Babbage v. Webster
New York Supreme Court
Appeal from special term, Monroe county. Proceeding by Annabella Babbage, administratrix, etc., against Edward Webster, administrator, etc., to recover a claim against decedent’s estate. Prom an order of the special term allowing costs, as in an action, to defendant, on confirmation of the report of a referee dismissing the proceeding, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The proceeding was on a claim against the estate of a deceased person, - which was referred by consent, under the statute. 2 Rev. St. pp. 88, 89, §§ 36, 37, (Birdseye’s St. p. 1132,. §§ 179, 180.) The report of the referee shows that, after the appointment for a hearing, the case was adjourned from time to time, at the instance of the plaintiff, and that oh the last adjourned day *301no evidence was offered on the part of the plaintiff, and the proceeding and claim were accordingly dismissed. The court at special term confirmed the report of the referee, and ordered judgment in favor of the…
2Cases cited3 opinions
- Morgan v. SkidmoreNew York Court of Appeals · 1870
- Mersereau v. RyerssNew York Supreme Court · 1856
- Schenck v. RickabyNew York Supreme Court · 1891
3Cited by1 opinion
- Walker v. GardenerNew York Supreme Court · 1893