Legal Opinion

Stevens v. Stevens

New York Surrogate's Court

Decided September 15, 1878PublishedCited by 3 opinions

Marietta E. Stevens, by petition, alleged that she was one of the sureties upon the bond of Charles G. Stevens, residing in Massachusetts, executor of the last will and testament of Paran Stevens, deceased, and that she desired to be released from responsibility for his future acts or defaults as executor.

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Marietta E. Stevens, by petition, alleged that she was one of the sureties upon the bond of Charles G. Stevens, residing in Massachusetts, executor of the last will and testament of Paran Stevens, deceased, and that she desired to be released from responsibility for his future acts or defaults as executor. On this petition a citation was issued, directed to the said executor, requiring him to appear before this court to give new sureties, pursuant to an order ■ of this court made for that purpose. On the return day, the citation was returned, with proof of personal service upon the executor…

1Opinion of the Court

The Surrogate.

— In Dunn v. Dunn (4 Paige, 425), it was held that service of a subpoena upon the defendant in another state or county was irregular, and no proceedings could be founded thereon, unless the defendant voluntarily appealed; and the Chancellor, after stating that he is “ not aware of any reported case in which the question had been raised in this state,” cites several English authorities somewhat conflicting, but resulting, as the court thinks, in the doctrine above enunciated.

In Green v. Oneida (10 Wend., 592), it was held that where a suit was commenced by declaration in the…

2Cases cited6 opinions

  1. Dunn v. DunnNew York Court of Chancery · 1834
  2. Litchfield v. BurwellNew York Supreme Court · 1850
  3. Ex parte Green v. Oneida Common PleasNew York Supreme Court · 1833
  4. Merrifield v. CooleyNew York Supreme Court · 1850
  5. People ex rel. Meyer v. HartmanThe Superior Court of New York City · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re Ancillary Letters of Administration With the Will Annexed of McShaneNew York Surrogate's Court · 1911
  2. Reed v. StoddardNew York Surrogate's Court · 1916
  3. Shook v. GoddardNew York Surrogate's Court · 1882

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