Gardner v. Brown
New York Supreme Court
Motion for attachment against the surrogate of Yates county for not making return to appeal. The affidavit upon which the motion is made, shows that the appeal was brought on or about the 19th August 1850, and that no return has been made by the surrogate.
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Motion for attachment against the surrogate of Yates county for not making return to appeal. The affidavit upon which the motion is made, shows that the appeal was brought on or about the 19th August 1850, and that no return has been made by the surrogate. That the attorney for the appellants has frequently requested the surrogate to make the return, and offered to pay him his fees; that the surrogate always promised to make such return but has not yet done so; that on the 3d October 1850, the appellants’ attorney was told by the surrogate that the return was not commenced, but that he would…
1Opinion of the Court
Welles, Justice.
I have not been able to find any statute or standing rule of court or rule of practice, prescribing any particular time within which the surrogate is required to make his return to an appeal. By the 118th rule of the late Court of Chancery, the party appealing was required to cause the transcript of all the proceedings before the surrogate, &c„ to be made, authenticated and returned to the appellate court within twenty days from the time of entering the appeal in the court below, or the chancellor might dismiss the appeal, unless further time was allowed for the return of the…
2Cases cited1 opinion
- Halsey v. Van AmringeNew York Court of Chancery · 1833