Rousseau v. Bleau
New York Supreme Court
Appeal from circuit court, Rensselaer county. The action was brought under chapter 314 of the Laws of 1858, by the plaintiff, as administrator, etc, of Mary Rousseau, deceased, the complaint alleging that the deceased, at the time of her death, was indebted to Eliza■beth Rousseau in the sum of $528, which is due and unpaid to said Elizabeth, and that at the time of her death she was indebted to other persons in amounts which are due and unpaid to them; that as administrator…
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Appeal from circuit court, Rensselaer county. The action was brought under chapter 314 of the Laws of 1858, by the plaintiff, as administrator, etc, of Mary Rousseau, deceased, the complaint alleging that the deceased, at the time of her death, was indebted to Eliza■beth Rousseau in the sum of $528, which is due and unpaid to said Elizabeth, and that at the time of her death she was indebted to other persons in amounts which are due and unpaid to them; that as administrator the plaintiff has taken possession of the personal property of which the intestate died possessed, and that it does not…
1Opinion of the CourtLandon, J.
The practice in this case has long prevailed in the third department, and it ought to be upheld, unless we are required by MacNaughton v. Osgood, 114 N. Y. 574, 21 N. E. Rep. 1044, to declare it improper. The practice, in brief, is this: Equity cases are placed upon the circuit calendar. Eo issues are previously settled. The case is brought to trial before the court. A jury is impaneled, with the understanding that if the court, after the testimony is given, desires to submit any issues to them, the court will frame them then and there in the form of questions, and submit them to the jury for…
2Cases cited4 opinions
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Acker v. . LelandNew York Court of Appeals · 1888
- MacNaughton v. . OsgoodNew York Court of Appeals · 1889
- Harvey v. McDonnellNew York Supreme Court · 1888
3Cited by3 opinions
- Rousseau v. BleauNew York Supreme Court · 1891
- Cohen v. PlonskyNew York Supreme Court · 1891
- Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891