Randall v. . Sackett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion on the part of plaintiff to revive and continue the action after the death of defendant Sackett, and to substitute his executors as defendants in Ills stead. The nature of the action and the facts appear sufficiently in the opinion. Section 758 of the Code of Civil Procedure is not unconstitutional. (Const.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion on the part of plaintiff to revive and continue the action after the death of defendant Sackett, and to substitute his executors as defendants in Ills stead. The nature of the action and the facts appear sufficiently in the opinion. Section 758 of the Code of Civil Procedure is not unconstitutional. (Const. State of New York, Art. 6, § 5; People ex rel. v. Green, 58 N. Y., 295; People ex rel v. Supervisors, 70 id., 229; Hiller v. Railroad Co.,…
1Opinion of the CourtEarl, J.
This action is against the above named defendk ants as sureties upon a joint undertaking dated June. 12,, 1874, given upon appeal. After the action was at issue, Sackett died, and this motion.was made, after the Code of Civil Procedure went into effect, to revive the action against his executors, and to substitute them as defendants in his place. The motion has been denied, on the ground that death put an end to the obligation of the surety, upon the authority of the following cases : (Getty v. Binsse, 49 N. Y., 385; Wood v. Fisk, 63 id., 245; Risley v. Brown, 67 id., 160; Hauck v. Craighead,…
2Cases cited6 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- United States v. PriceSupreme Court of the United States · 1850
- Getty v. . BinsseNew York Court of Appeals · 1872
- King v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1819
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3Cited by12 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Potts v. . DounceNew York Court of Appeals · 1903
- Potts v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1901
- Baskin v. AndrewsNew York Supreme Court · 1889
- Hanfeld v. A. Broido, Inc.City of New York Municipal Court · 1938
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