Legal Opinion

Field v. Field

New York Surrogate's Court

Decided December 15, 1876PublishedCited by 2 opinions

This was an application to open an order made by-the Surrogate, on the petition of a judgment creditor. On the 11th of April, 1876, Garrison Field presented a petition to this court, in which he stated, amongst other things, that he had obtained judgment against Nicholas Field, as executor of said Charlotte Field, deceased, for $3,007.25, damages and costs, and also $92.89 costs on appeal; and praying that the executor be required to show cause why an execution should not be…

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This was an application to open an order made by-the Surrogate, on the petition of a judgment creditor. On the 11th of April, 1876, Garrison Field presented a petition to this court, in which he stated, amongst other things, that he had obtained judgment against Nicholas Field, as executor of said Charlotte Field, deceased, for $3,007.25, damages and costs, and also $92.89 costs on appeal; and praying that the executor be required to show cause why an execution should not be issued. An order was thereupon made, requiring the said executor to appear on the 21st, then instant, and render an…

1Opinion of the Court

The Surrogate.

The history of this case affords an illustration of the frequently loose manner in which pro*164ceedings are conducted by counsel. Often, the gravity of the questions, and interests involved, are, from the pressure of other business, overlooked, as they would not prob-. ably be in proceedings in other courts, where rules are established for the government and guidance of counsel. It is exceedingly nnsatisfactory that a matter should be permitted to drift along from week to week and month to month, without much else being accomplished than to meet and adjourn by consent, or by reason…

2Cases cited2 opinions

  1. Hallett v. HareNew York Court of Chancery · 1835
  2. Hosack v. RogersNew York Court of Chancery · 1842

3Cited by2 opinions

  1. In re NicholsNew York Surrogate's Court · 1880
  2. In re the Probate of the Last Will & Testament of WaldronNew York Surrogate's Court · 1911

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