Campbell v. Friedlander
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Albert Friedlander and another, upon an order to show cause, in the form prescribed by section 1298 of the Code of Civil Procedure, requiring all persons interested in the decedent’s estate to show cause why the judgment from which the defendants appealed should not be reversed and why the cross-appeal of the plaintiff should not be dismissed and why the defendants should not have such other and further relief as the court might' deem proper.
1Opinion of the Court
Willard Bartlett, J. :
The defendants appeal from a judgment in" favor of the plaintiff for the sum of $2,124.47, entered on the 8th day of December, 1897. The plaintiff also appeals from certain specified parts of such judgment. On April 10,1899, while these appeals were pending in this court, the plaintiff died. More than three months elapsed without the substitution of another person in his place as plaintiff, and thereupon the defendants applied to this court and obtained from it an order in the form prescribed by section 1298 of the Code of Civil Procedure, requiring all persons…
2Cases cited2 opinions
- Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Schell v. . DevlinNew York Court of Appeals · 1880
3Cited by8 opinions
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- Eastham v. Telegram Publishing Co.Oregon Supreme Court · 1926
- White v. HardyNew York Supreme Court · 1943
- Colvin v. ShawAppellate Division of the Supreme Court of the State of New York · 1908
- Colvin v. ShawAppellate Division of the Supreme Court of the State of New York · 1908
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