Legal Opinion

In re Clark

New York Surrogate's Court

Decided March 15, 1887Published

Application by judgment creditor for decree directing payment of his claim.

1Opinion of the Court

The Surrogate.

These petitioners in the lifetime of the decedent brought an action against him. He interposed a demurrer. His demurrer was overruled and an interlocutory judgment was entered against him on May 29th, 1886. That judgment granted him leave to withdraw his demurrer and to answer within twenty days, on payment of costs. It directed that in case he should fail to comply with its provisions final judgment should be entered against him, in favor of the plaintiffs, to recover the sum of ^1,500, with interest and costs. Before the expiration of the twenty days, and on the 9th day of…

2Cases cited4 opinions

  1. Nichols v. ChapmanNew York Supreme Court · 1832
  2. Bernes v. WeisserNew York Surrogate's Court · 1852
  3. Clark's CaseNew York Supreme Court · 1862
  4. Salter v. NeavilleNew York Surrogate's Court · 1851

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