Colton v. New York Elevated Railroad
New York Court of Appeals
Motion for an order designating this action as a preferred cause, and placing it upon the calendar as such. Teresa A. Colton was one of the plaintiffs at the commencement of this action. It was commenced in October, 1888, Subsequently, and on April 6,1891, while it was still pending she died, leaving a last will and testament wherein Charles H. Colton was named as exectitor.
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Motion for an order designating this action as a preferred cause, and placing it upon the calendar as such. Teresa A. Colton was one of the plaintiffs at the commencement of this action. It was commenced in October, 1888, Subsequently, and on April 6,1891, while it was still pending she died, leaving a last will and testament wherein Charles H. Colton was named as exectitor. The will was duly admitted to probate in 1891, and letters testamentary issued to him as sole executor. The action was to recover damages caused by the maintenance and operation of an elevated railroad in front of certain…
1Opinion of the CourtMartin, J.
The question involved in this motion is whether, where one of several plaintiffs in an action dies during its pendency and a personal representative is substituted, he may have the case placed upon the calendar as a preferred cause under the provisions of subdivision 4 of section 791 of the Code of Civil Procedure, where the pendency of the action prevents a final settlement of the estate of such decedent. The preference upon the calendar of the Court of Appeals in cases like this is regulated by the provisions of section 791 of the Code of Civil Procedure. So far as material to the question…
2Cited by3 opinions
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