Deen v. Milne
New York Supreme Court
Appeal by the plaintiff from a judgment entered on a dismissal of the complaint at the trial. Ann Maria Been brought this action against William Milne, as executor of the last will and testament of William M. Wilson, deceased, to establish the existence of a lost stipulation alleged to have been made in an action in the supreme court, providing for the discontinuance of two actions in the marine court of the city of New York, in one of which a verdict and judgment had been…
Read the full summary
Appeal by the plaintiff from a judgment entered on a dismissal of the complaint at the trial. Ann Maria Been brought this action against William Milne, as executor of the last will and testament of William M. Wilson, deceased, to establish the existence of a lost stipulation alleged to have been made in an action in the supreme court, providing for the discontinuance of two actions in the marine court of the city of New York, in one of which a verdict and judgment had been rendered, and an appeal was pending ; and the complaint also asked to have said judgment canceled in accordance with the…
1Opinion of the Court
Per Curiam.*
The object of this action was to establish the existence of a lost stipulation providing for the discontinuance of two actions in the marine *354court of the.city of New York, in which a verdict and a judgment had been rendered, and for the cancellation of the judgments in accordance with the terms of the stipulation.
It is not necessary to go into details about the facts in the case. It was insisted that the object in view in .commencing this action could be accomplished by a motion in the marine court and that this court could not entertain an action of this character. The learned…
2Cited by1 opinion
- Hayward v. HoodNew York Supreme Court · 1886