Dakin v. Hudson
New York Supreme Court
On demurrer to the declaration. The first count was in debt for $200. “ For that whereas, by a certain final judgment or decree, made before Abraham A. Van Burén, Esquire, surrogate of the county of Columbia aforesaid, in a certain matter depending before said Abraham A. Van ⅜ 1 ° . . , Burén, surrogate of the county aforesaid, wherein Anson Bakin and others, heirs at law of Joshua Dakin, deceased, were plaintiffs, and Abner Bristol and Lydia Bristol bs wife, administrator…
Read the full summary
On demurrer to the declaration. The first count was in debt for $200. “ For that whereas, by a certain final judgment or decree, made before Abraham A. Van Burén, Esquire, surrogate of the county of Columbia aforesaid, in a certain matter depending before said Abraham A. Van ⅜ 1 ° . . , Burén, surrogate of the county aforesaid, wherein Anson Bakin and others, heirs at law of Joshua Dakin, deceased, were plaintiffs, and Abner Bristol and Lydia Bristol bs wife, administrator and administratrix of the estate of the said Joshua Dakin, deceased, were defendants, concerning the administration and…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
The defendant makes five objections to the sufficiency of the declaration.
First, it is said, the execution should have been issued against Bristol and wife ; and secondly, that interest is not recoverable. If these objections were well founded, the sheriff would not, therefore, be at liberty to suffer an escape ; nor would he, if the third point be tenable. The declaration must describe correctly the record and proceedings it purports to set out; and if the record or proceedings produced on trial do not correspond with the description, the objection may be taken…
2Cited by16 opinions
- Weimer v. BunburyMichigan Supreme Court · 1874
- Haywood v. CollinsIllinois Supreme Court · 1871
- Brick's EstateNew York Surrogate's Court · 1862
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Miller v. . BrownNew York Court of Appeals · 1874
11 more not listed; retrieve them via the Exa API.