McMahon v. Smith
Appellate Terms of the Supreme Court of New York
Appeals from affirmance by the General Term of the City Oóurt of Hew York of the several judgments entered in the above-entitled actions, upon the decision of the court sitting- at Trial Term without a jury, in favor of the defendants. for the dismissal of the complaints upon the merits. .
1Opinion of the CourtBischoff, J.
These actions, brought to enforce the liability of sureties upon an administrator’s bond for the principal’s alleged default in compliance with the provisions of the surrogate’s decree directing distribution of the assets adjudged tó be remaining for such purpose, were tried at one time upon the same proofs, and the plaintiffs’ 'appeal is in each instance based upon the exception taken to the decision of the trial justice as rendered for the dismissal of the complaint upon the merits, after trial before him without a jury.
By properly-authenticated records it was made to appear to the trial…
2Cases cited4 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Clark v. . RowlingNew York Court of Appeals · 1850
- Devin v. . PatchinNew York Court of Appeals · 1863
3Cited by4 opinions
- In re the Settlement of the Estate of WellingAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Account of KreidlerNew York Surrogate's Court · 1910
- In re the Judicial Settlement of the Estate of IngrahamNew York Surrogate's Court · 1901
- Keegan v. SmithAppellate Division of the Supreme Court of the State of New York · 1898