St. John v. Voorhies
New York Supreme Court
Appeal from an order of the surrogate granting the respondent leave to issue execution. The respondent, Mary Ann Yoorhies, had obtained a judgment against the appellant, Milton St. John, as administrator, upon a demand against the estate which he represented. The administrator had contested the claim, and appealed from the judgment against him to the Court of Appeals, where it was affirmed.
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Appeal from an order of the surrogate granting the respondent leave to issue execution. The respondent, Mary Ann Yoorhies, had obtained a judgment against the appellant, Milton St. John, as administrator, upon a demand against the estate which he represented. The administrator had contested the claim, and appealed from the judgment against him to the Court of Appeals, where it was affirmed. The plaintiff in the judgment, the present respondent, then applied to the surrogate for leave to issue execution under 2 Rev. Stat., 116. An order to show cause was granted against the administrator, on…
1Opinion of the CourtIngraham, P. J.
A petition was presented to the surrogate for leave to issue an execution upon a judgment recovered against an administrator. This judgment had been finally affirmed in the Court of Appeals. Such petition was in accordance with the 20th section of the statute. (2 Rev. Stat., 116; same stat., 5 ed., vol. 3, p. 204.)
On this application the surrogate made an order for the administrator to show cause why an execution should not issue on the judgment.
This was erroneous, as the 21st section requires him to issue a citation requiring the administrator to appear and account. If the objection had been…
2Cited by1 opinion
- Hauselt v. GanoNew York Surrogate's Court · 1882