Persbacker v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Valentine J. Persbacker, from an order of the County Court of Sullivan county, entered in the office of the clerk of said county on the 5 th day of May, 1911, denying the plaintiff’s motion for an order awarding costs and for a certificate certifying the facts.
1Opinion of the Court
Smith, P. J.:
Plaintiff’s claim was presented to the administrator and rejected upon the 18th day of April, 1910; Upon the 15th day of October, 1910, this action was commenced, the administrator not having filed with the surrogate, pursuant to section 1822 of the Code of Civil Procedure, a consent that said claim might be heard and determined by the surrogate upon *493the judicial settlement of the accounts of said administrator. The recovery was for upwards of fifty dollars, and plaintiff claims, therefore, to be entitled to the costs of the action. The defendant puts his objection upon three…
2Cases cited2 opinions
- Miller v. LongshoreAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Judicial Settlement of the Account of SmithNew York Surrogate's Court · 1908