Legal Opinion

Kene v. Hill

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1905Published

Appeal from Special Term, Westchester County. Action by Emma C. Kene, as executor of the will of Cornelius E. Kene, deceased, against Rosalie L. Hill and others. From a judgment for plaintiff, defendants appeal. Affirmed.

1Opinion of the CourtWillard Bartlett, J.

The judgment appealed from was rendered against the defendants Mertil Luikert and Leopold A. Weill on account of their failure to answer herein, and against the defendant Rosalie L. Hill on the ground that her answer was frivolous. In opposition to the motion for judgment, it was contended that the Supreme Court was precluded from entertaining it by reason of a stay of proceedings in proceedings in bankruptcy in the United States District Court, but we think that the learned judge at Special Term was right in holding that the stay had expired.

The motion for judgment upon the answer of the…

2Cases cited3 opinions

  1. Schenck v. . BarnesNew York Court of Appeals · 1898
  2. Dancel v. Goodyear Shoe Machinery Co. of Portland, MainAppellate Division of the Supreme Court of the State of New York · 1902
  3. Dancel v. Goodyear Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1902

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