Legal Opinion

Mills v. Thursby

New York Supreme Court

Decided February 15, 1856PublishedCited by 2 opinions

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

  1. People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
  2. Winne v. Van SchaickNew York Supreme Court · 1832
  3. Mulheran's Executors v. GillespieNew York Supreme Court · 1834
  4. People ex rel. Fogalsonger v. Judges of the Court of Common PleasNew York Supreme Court · 1825

3Cited by2 opinions

  1. Dow v. LillieNorth Dakota Supreme Court · 1914
  2. Freeman v. BarrowcliffeThe Superior Court of New York City · 1878

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