Butler v. . Jarvis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 24, 1889, granting defendant leave to appeal to the Court of Appeals without giving the security required to stay execution. The nature of the appeal and the facts are sufficiently stated in the opinion. The order is contrary to the provisions of the Code.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 24, 1889, granting defendant leave to appeal to the Court of Appeals without giving the security required to stay execution. The nature of the appeal and the facts are sufficiently stated in the opinion. The order is contrary to the provisions of the Code. (Code Civil Pro. §§ 613,1312, 1327.) The order was, in any event, a capricious and reckless use of the discretion of the court. (Granger v. Craig 85, N. Y. 619; Quinlan v. Russell, 16 J. & S. 538; Grant v. D. & H. C. Co., 113 N. Y. 475.) By…
1Opinion of the CourtEarl, J.
In 1870, the defendant was, in the city of Hew York, appointed a committee of Bomanjee Byranjee Colah, a lunatic, who was a native of Bombay, India, where he died in 1882.
Letters upon his estate were there issued, and subsequently the plaintiff in this action was appointed ancillary administrator by the surrogate of the county of Hew York. He commenced this action against the defendant, individually and as committee, for an accounting. The action resulted in a judgment against the defendant, individually and as committee, for the sum of $76,075.87. From that judgment he appealed to the…
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