Legal Opinion

Davis v. Seaward

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1915PublishedCited by 4 opinions

Appeal by the plaintiff, Buell G. Davis, as executor, etc., from a judgment of the Supreme Court, entered May 30, 1914, in the office of the clerk of the county of Kings after a trial at a Special Term of said court for the county of Kings dismissing plaintiff’s complaint upon the merits. The appeal herein was, by order of the Appellate Division, Second Department, sent to the Appellate Division, Fourth Department, to be there heard and determined. (See 168 App. Div. 960.)

1Per curiam

The primary purpose of this action is to have certain designated judgments and orders made and granted in an action in the Supreme Court wherein the defendant in this action, George W. Seaward, as administrator, etc., was, and in which, prior to his appointment, his predecessor as such administrator had been plaintiff, and the plaintiff in this action, as executor, etc., was the defendant, declared void. It is claimed that Mr. Justice Joseph A. Burr sat as an associate justice of the Appellate Division, Second Department, in the hearing of two appeals to that court from judgments in that…

2Cases cited1 opinion

  1. Davis v. SeawardNew York Supreme Court · 1914

3Cited by4 opinions

  1. People v. Capuano, New York County Courts1971
  2. Connolly v. ScudderAppellate Division of the Supreme Court of the State of New York · 1928
  3. Smith v. Queen Insurance Co. of AmericaCourt of Appeals of Georgia · 1930
  4. In re the probate of the alleged will & Codicil of BraunsteinNew Jersey Superior Court Appellate Division · 1930

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