Kerr v. Dildine
New York Supreme Court
Appeal from special term, Erie county. Action by Abram T. Kerr and another against Zachariah Dildine. Defendant died pending the action, and the same was revived in the name of his administratrix, Anna Dildine. Decedent had demurred to the complaint in his life-time, and his demurrer was overruled, with leave to answer within 20 days. He died without answering the complaint in the specified time.
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Appeal from special term, Erie county. Action by Abram T. Kerr and another against Zachariah Dildine. Defendant died pending the action, and the same was revived in the name of his administratrix, Anna Dildine. Decedent had demurred to the complaint in his life-time, and his demurrer was overruled, with leave to answer within 20 days. He died without answering the complaint in the specified time. From a final judgment entered after such failure to answer within the required time, defendant’s administratrix appeals, specifying in her notice of appeal that she intended to bring up the…
1Opinion of the CourtDwight, P. J.
The action was brought by the plaintiffs, as judgment creditors of Edward P. Karr, against him and Zachariah Dildine, to set aside a chattel mortgage executed by Karr to Diidine as fraudulent and void, as against the plaintiffs’ judgment and the execution thereon issued, and in aid qf such execution. The defendant Karr made no defense or appearance in the action. The defendant Zachariah Dildine demurred to the complaint on the ground, among others, that it did not state facts sufficient to constitute a cause of action. The issue of law thus joined was tried at special term, and an order was…
2Cases cited6 opinions
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- Adee v. . BiglerNew York Court of Appeals · 1880
- Raynor v. . RaynorNew York Court of Appeals · 1883
- Innes v. . PurcellNew York Court of Appeals · 1874
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