Agar v. Tibbetts
New York Supreme Court
Appeal from special term, Erie county. A proceeding by Wilson Agar and another against the estate of Jasper Ken-ay, deceased. The executrix appeals from an order granting plaintiffs’ motion to discontinue the proceeding on payment of a specified portion of her -costs.
1Opinion of the CourtDwight, P. J.
The proceeding was by reference, under the statute, (3 Rev. St., 7th Ed., p. 2299, § 36,) of a disputed claim against the estate of a deceased person. The claim was based upon an alleged judgment of a justice’s court against the defendant’s testator. On the trial before the referee the plaintiffs gave no evidence of the judgment or of the jurisdiction of the justice’s court, except by the transcript of the judgment filed in the clerk’s office of the county. The referee reported in favor of the plaintiffs, and his report was confirmed at special term, and judgment was entered thereon. On…
Also in this document: Concurrence.
2Cases cited7 opinions
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Wellington v. ClaasonNew York Supreme Court · 1859
- Hopkins v. . LottNew York Court of Appeals · 1888
- Van Buren v. FortNew York Supreme Court · 1830
- Cole v. RoseNew York City Court · 1883
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3Cited by5 opinions
- Phelps v. McCollamNorth Dakota Supreme Court · 1901
- Clossey v. AyersNew York Supreme Court · 1892
- Rowe v. HeiberAppellate Division of the Supreme Court of the State of New York · 1898
- Lamphere v. LamphereNew York Supreme Court · 1900
- Wannamaker v. City of RochesterNew York Supreme Court · 1891