Ashley v. Lamb
New York Supreme Court
On motion to dissolve injunction. Action by Julia P. Ashley and Jeannie T. Hard, administratrices of William M. Ashley, deceased, to restrain the defendant, George W. Lamb, from proceeding to collect a judgment in favor of Charles 0. Ashley against said William M. Ashley, assigned to defendant, to cancel and annul the same, and for general relief.
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On motion to dissolve injunction. Action by Julia P. Ashley and Jeannie T. Hard, administratrices of William M. Ashley, deceased, to restrain the defendant, George W. Lamb, from proceeding to collect a judgment in favor of Charles 0. Ashley against said William M. Ashley, assigned to defendant, to cancel and annul the same, and for general relief. Defendant had presented his petition to the surrogate of Monroe county, upon which a citation was issued to the administratrices, requiring them to show cause why they should not pay the judgment. The surrogate ordered that defendant be allowed to…
1Opinion of the CourtAngle, J.
The papers in this motion are quite voluminous. The oral argument was elaborate, and the submitted briefs are very full. The motion turns upon a single point, and that is whether the answer putin by the plaintiffs, under section 2718, subd. 1, of the Code, required that the surrogate should have dismissed the application of the defendant, Lamb, for the collection of a judgment recovered by Charles 0. Ashley against the deceased, and which had been assigned to one Porter M. Hinman, and by Hinman assigned to Lamb. The above section required the surrogate to dismiss Lamb’s application upon the…
2Cases cited3 opinions
- Heath v. . BarmoreNew York Court of Appeals · 1872
- Main v. . CooperNew York Court of Appeals · 1862
- Smith v. MurrayNew York Surrogate's Court · 1882