In re the Judicial Settlement of the Account of Proceedings of Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by Rosetta Corn from an order of the Surrogate’s Court of the county of Kings, entered, in said Surrogate’s Court on the 3d day of December, 1903, denying a motion made by the said Rosetta Corn to resettle a case on appeal in the above-entitled proceeding.
1Opinion of the Court
Willard Bartlett, J.:
The' notice of motion for a resettlement of the case on appeal asked for the allowance of the proposed amendments numbered 6, 23, 27, 30, 31 and 34.
i The proposed amendment numbered 6 was properly disallowed, because it was simply a statement by counsel, not in the nature of an admission, but an assertion of his view of the law as applicable to the facts of the case.
The other proposed amendments were chiefly designed to show that the surrogate excluded evidence offered by the successful party which was material and relevant to prove that the legacy to Rosetta Corn was a…
2Cases cited1 opinion
- Beach v. . CookeNew York Court of Appeals · 1863
3Cited by1 opinion
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912