Mills v. Thursby
New York Supreme Court
Appeal from a judgment. This judgment was rendered in favor of David S. Mills against John S. Thursby, and was founded on a judgment recovered by Mills against John Thursby in his life time.* The defendants appealed.
1Opinion of the CourtMitchell, J.
The appeal is from a judgment against executors founded on a judgment against their testator. The *433judgment appealed from did not bring in the executors as parties by a new action with a new summons and complaint, but by a new summons to show cause without any complaint under the special provisions of § 376, &c., of the Code. That part of the Code is substantially as follows. In case of the death of a judgment debtor after judgment, his heirs, &c., may, after three years, from the granting of letters testamentary or of administration, be summoned to show cause why the judgment should not be…
2Cases cited4 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Winne v. Van SchaickNew York Supreme Court · 1832
- Mulheran's Executors v. GillespieNew York Supreme Court · 1834
- People ex rel. Fogalsonger v. Judges of the Court of Common PleasNew York Supreme Court · 1825
3Cited by2 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Freeman v. BarrowcliffeThe Superior Court of New York City · 1878