Potter v. Etz
New York Supreme Court
Costs against administrators. This was an action on a promissory note given hy the intestate. The suit was-cominenced by the filing and service of a declaration in the month of February last. The defendants appeared and put in a plea of the general issue, and subjoined thereto a notice of special matter. On the 12ill March the plaintiff noticed the cause for trial, at the Onondaga circuit, on the third Monday of Jlpril then next.
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Costs against administrators. This was an action on a promissory note given hy the intestate. The suit was-cominenced by the filing and service of a declaration in the month of February last. The defendants appeared and put in a plea of the general issue, and subjoined thereto a notice of special matter. On the 12ill March the plaintiff noticed the cause for trial, at the Onondaga circuit, on the third Monday of Jlpril then next. On the third day of Jlpril the defendants gave a relicta and cognovit, which, on the twentieth day of April, the plaintiff filed and entered rule for judgment, and…
1Opinion of the Court
By the Cowl,
Savage, Ch. J.
The question is whether the plaintiff is entitled to costs; and this depends upon the provisions of the revised statutes. It is declared that costs shall not be recovered in any suit at law against executors or administrators, unless it appear that, the demand on which the action was founded was presented within six months after no’ice by the executor or administrator requiring all persons having claims against, the deceased to exhibit the same ; that its payment was unreasonably re-isled or neglected, or that the defendant refused to refer the same pursuant to the…
2Cited by8 opinions
- Woodin v. BagleyNew York Supreme Court · 1835
- Winne v. Van SchaickNew York Supreme Court · 1832
- Mulheran's Executors v. GillespieNew York Supreme Court · 1834
- Harvey v. Skillman'sNew York Supreme Court · 1840
- Robert v. DitmasNew York Supreme Court · 1832
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