Legal Opinion
In re the Estate of Durkan
New York Surrogate's Court
Decided February 28, 1936PublishedCited by 1 opinion
1Opinion of the Court
Wingate, S.
Prior to the adoption of the Civil Practice Act, the procedure in the settlement of interrogatories to be attached to a commission was regulated by sections 891 and 892 of the Code of Civil Procedure, which provided that where consent of the parties was absent, settlement should be made by the court on notice. Respecting the content of the questions proposed to be propounded, the following pregnant provision was inserted: “ Either party must be allowed to insert therein any question, pertinent to the issue, which he proposes.”
Under this enactment, it was uniformly determined that,…
2Cases cited5 opinions
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Wanamaker v. . MegrawNew York Court of Appeals · 1901
- Irving v. Royal Exchange Assurance of LondonAppellate Division of the Supreme Court of the State of New York · 1907
- Zeggio v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1913
- Walton v. GodwinNew York Supreme Court · 1889
3Cited by1 opinion
- In re the Construction of the Will of AmesNew York Surrogate's Court · 1955