Horton v. Brown
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The appellant also sought to review an intermediate order made at a Special Term, awarding costs and an additional allowance to the plaintiff. It appeared that the claim upon which the action was brought had not been presented to the executors within the time limited in a notice published by them, requiring all claims to be presented as prescribed by law.
1Opinion of the Court
Pratt, J.:
This case was, we think, correctly decided by the learned referee, who has filed an opinion covering all the points made upon the trial.
The judgment is therefore affirmed, .except upon the question of costs.
By section 1835 of the new Code it is provided that, “ Where a judgment for a sum of money only is rendered against an executor or administrator, in an action brought against him in his representative capacity, costs shall not be awarded against him, except as prescribed in the next section,” which is as follows :
“ Where it appears, in a case specified in the last section, that…
2Cases cited4 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Field v. . FieldNew York Court of Appeals · 1879
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Buckhout v. HuntNew York Supreme Court · 1858