Spotts v. Dumesnil
New York Court of Appeals
Appeal from an order. Henry A. Dumesnil was administrator, and Jane P. Spotts was administratrix of Harry I. Spotts. Henry A. made Ms separate final accounting, on wMch he had the report of an auditor ; and the surrogate of the county of New York, upon motion, and after hearing all the parties in interest, confirmed the auditor’s report, and made a decree of final settlement of the administrator’s accounts.
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Appeal from an order. Henry A. Dumesnil was administrator, and Jane P. Spotts was administratrix of Harry I. Spotts. Henry A. made Ms separate final accounting, on wMch he had the report of an auditor ; and the surrogate of the county of New York, upon motion, and after hearing all the parties in interest, confirmed the auditor’s report, and made a decree of final settlement of the administrator’s accounts. Immediately after making that decree, but before it was filed or recorded, the surrogate, upon motion and statement of the number of days they had been engaged in and in preparing for the…
1Opinion of the Court
By the Court.—Peckham, J.
The appellants, in attempting to appeal from the decree or order of the surrogate in this matter, entirely omitted to give any bond as security for the respondent’s costs upon appeal.
The decree was entered on the 12th of April, 1871, and the appeal attempted to be brought on the 12th of July following.
The respondents moved to dismiss the appeal upon that ground, among others.
The statute is peremptory, that “ no such appeal shall be effectual” until that bond be given (2 Rev. Stat., 610, § 108).
This provision not having been complied with, the appeal is ineffectual for…
2Cases cited2 opinions
- Townsend v. HendricksNew York Court of Appeals · 1870
- Van Slyke v. SchmeckNew York Court of Chancery · 1843