Pringle v. . Long Island R.R. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1898, reversing an order of the Special Term, and granting a motion to substitute James S. Biddell as administrator with the will annexed of James E. Pringle, deceased, as plaintiff in this action..
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1898, reversing an order of the Special Term, and granting a motion to substitute James S. Biddell as administrator with the will annexed of James E. Pringle, deceased, as plaintiff in this action.. This action was commenced on the 20th of May, 1886, to recover damages from the defendant on account of its alleged negligence, which resulted in the death of James E. Pringle on or about the 8th of March, 1886. Mrs. Pringle died on the second of July, 1894, and…
1Opinion of the CourtVann, J.
The decision of this appeal depends upon the construction to be given to sections 757 and 761 of the Code of Civil Procedure. These sections take the place of portions of section 121 of the Code of Procedure, which, as originally enacted, provided that no action should abate by the, death of a party, and that “ the court must, upon a supplementary summons and complaint, or in its discretion, upon a motion, if made within one year after a decedent’s death, in a proper case, allow or compel, the action to be continued by or against his representative or successor in interest.” In 1877 this…
2Cases cited7 opinions
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
- Koehler v. . HughesNew York Court of Appeals · 1896
- Lyon v. . ParkNew York Court of Appeals · 1888
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Evans v. . ClevelandNew York Court of Appeals · 1878
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3Cited by14 opinions
- Lane Bros. v. SeakfordSupreme Court of Virginia · 1906
- Meier v. ShivelyAppellate Division of the Supreme Court of the State of New York · 1960
- People Ex Rel. May v. . MaynardNew York Court of Appeals · 1899
- Hale v. ShannonAppellate Division of the Supreme Court of the State of New York · 1901
- In re Estate of SchlesingerAppellate Division of the Supreme Court of the State of New York · 1899
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