Warner v. Bartle
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Chenango county. Petition by Jerome S. Warner, as administrator of Stebbins Warner, deceased, against Marcia S. Bartle, as administratrix of David W. Bartle, deceased, for a decree directing defendant to pay a judgment against her decedent in favor of plaintiff’s decedent. From a decree dismissing the petition without prejudice (50 N. Y. Supp. 940), plaintiff appeals.
1Opinion of the CourtLan'Don, J.
This is a special proceeding. Code Civ. Proc. §§ 2516,2517,3334; In re Miller, 70 Hun, 61, 23 N. Y. Supp. 1104. It was commenced December 3, 1897, under section 2722, before the surrogate of Chenango county, to compel the administratrix of the estate of the judgment debtor to pay a judgment rendered in favor of the appellant’s intestate in a justice’s court of Steuben county April 16, 1877, for $150.63, a transcript whereof was filed and the judgment docketed in the clerk’s office of that county May 10, 1880. The judgment was docketed in Chenango county January 15, 1890, upon filing a…
2Cases cited11 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- People v. . TurnerNew York Court of Appeals · 1889
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Acker v. . AckerNew York Court of Appeals · 1880
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