Hood v. . Hood
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 8, 1879, which affirmed an interlocutory judgment entered upon a decision of the court on trial at Special Term and denied a motion for a new trial; (Reported below, 19 Hun, 300.) The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 8, 1879, which affirmed an interlocutory judgment entered upon a decision of the court on trial at Special Term and denied a motion for a new trial; (Reported below, 19 Hun, 300.) The nature of the action and the facts are sufficiently stated in the opinion. The court erred in allowing a material amendment to the complaint to be made summarily upon the trial by the addition of new parties who did not appear, and by compelling the defendant to continue the trial in the absence of these…
1Opinion of the CourtRapallo, J.
The plaintiffs are children of Andrew Hood, deceased, and legatees under his will; the defendants Frederick Hood and Maria L. Hood are executor and executrix of said will, and also legatees thereunder, and the defendants David L. Moffatt and John E. Hayward are sureties for said Frederick Hood, as such executor. The other defendants are children and legatees of the testator. The will was admitted to probate in the county of Westchester in 1864, and Frederick Hood being then a resident .of the State of Eew Jersey was, on taking out letters testamentary, required to give the bond in question…
2Cases cited18 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Stagg v. . JacksonNew York Court of Appeals · 1848
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Kellett v. RathbunNew York Court of Chancery · 1833
13 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Mott v. . AckermanNew York Court of Appeals · 1883
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Salisbury v. . SladeNew York Court of Appeals · 1899
- In Re the Estate of KillanNew York Court of Appeals · 1902
58 more not listed; retrieve them via the Exa API.