Woodruff v. Cook
New York Supreme Court
Present, Gray, Mason and Balcom, Justices. Appeal from an order made at the Chenango special term, in January, 1857, denying the plaintiff’s motion to set aside the judgment against him personally for costs, with $10 costs of the motion.
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Present, Gray, Mason and Balcom, Justices. Appeal from an order made at the Chenango special term, in January, 1857, denying the plaintiff’s motion to set aside the judgment against him personally for costs, with $10 costs of the motion. The complaint in the action was as follows, to wit:—“ The plaintiff, as administrator with the will annexed, of all and singular the goods, chattels and credits, which were of John Woodruff, deceased, late of the town of Middlefield, in said county, complains that the said deceased, previous to and at the time of his death, owned and was in posse=on of a…
1Opinion of the Court
By the court—Balcom, Justice.
The judgment for costs in the action is against the plaintiff personally, and the question is presented, whether such a judgment could be entered upon the verdict without the direction of the court.
The action was not necessarily prosecuted by the plaintiff in his representative character. The authorities show that the alleged cause of action upon which the suit was brought, arose when the defendant refused to give up the mare on the demand of the plaintiff, and executors and administrators should sue in their own right in such a case, and never in their…
2Cases cited3 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Administrators of Tilton v. WilliamsNew York Supreme Court · 1814
- Cunningham v. M'GregorThe Superior Court of New York City · 1856
3Cited by3 opinions
- Lough v. FlahertySupreme Court of Minnesota · 1882
- Howe v. LloydNew York Supreme Court · 1870
- Brockett v. BushNew York Supreme Court · 1865