Bornsdorff v. Lord
New York Supreme Court
APPEAL from an order made at a special term, denying the motion of the plaintiff for leave to continue the action against the executor of the defendant, who had died, by filing a supplemental complaint.
1Opinion of the CourtBarnard, J.
The notice of motion in this case is for an order giving leave to the plaintiff to continue the action against the executor of the deceased defendant by filing a supplemental complaint. The motion was not made till after the expiration of a year subsequent to the death; and was denied at special term.
From the notice it is evident that the motion was in effect a motion to be allowed to continue the action. Such a motion cannot be entertained after the expiration of a year from the death. (Code, § 121.)
*212It is claimed, however, that in this case the fact-of judgment having been entered against…
2Cases cited2 opinions
- Howard v. IngersollSupreme Court of the United States · 1852
- Pendleton v. FayNew York Court of Chancery · 1831
3Cited by8 opinions
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
- Beach v. ReynoldsNew York Court of Appeals · 1873
- Kinney v. KiernanNew York Supreme Court · 1870
- Beach v. Reynolds & BushNew York Supreme Court · 1873
- In re BainbridgeNew York Supreme Court · 1875
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