Walsh v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Augustin Walsh, from an order of the Supreme Court, made at the Kings County Special Term and. entered in the office of the -clerk of the county of Kings on the 17th day of -June, 1898, denying the defendant’s motion to vacate an order obtained by the plaintiff permitting her to discontinue the action on payment of costs, and also from an order made at the Kings County Special Term and entered in the office of the clerk of the-county of Kings on the…
Read the full summary
Appeal by the defendant, Augustin Walsh, from an order of the Supreme Court, made at the Kings County Special Term and. entered in the office of the -clerk of the county of Kings on the 17th day of -June, 1898, denying the defendant’s motion to vacate an order obtained by the plaintiff permitting her to discontinue the action on payment of costs, and also from an order made at the Kings County Special Term and entered in the office of the clerk of the-county of Kings on the 7th day-of July, 1898, resettling the said order. • •
1Opinion of the Court
Woodward, J.:
The defendant and his brother, Thomas Walsh, were for several years partners in the business of constructing piers, docks, etc. On the 16th of September, 1895, Thomas Walsh died, leaving a will, in which the plaintiff was named as sole executrix. On the theory that she was entitled to a larger share of the copartnership property than the defendant was willing to allow her, the plaintiff commenced this action,-the points in controversy being shown in-the complaint and answer. The action progressed to a point where a referee was named to hear and determine, when the plaintiff…
2Cases cited9 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Matter of LasakNew York Court of Appeals · 1892
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Janssen v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901
- Weber v. WardNew York Supreme Court · 1927
- In re the Estate of JanowitzNew York Surrogate's Court · 1937
- Janssen v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901
- Wanamaker v. MegrawNew York Supreme Court · 1899