Bearns v. . Gould
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. This action was brought by plaintiff as guardian of the estate of Alexander M. Fisher, a minor, ppon a bond given by defendant as surety for one Britton, a former guardian.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. This action was brought by plaintiff as guardian of the estate of Alexander M. Fisher, a minor, ppon a bond given by defendant as surety for one Britton, a former guardian. The complaint set forth an order of the surrogate of the county of New York, to whom jurisdiction in that behalf belonged, fixing the amount with‘'which Britton was chargeable ; also an order…
1Opinion of the CourtBapallo, J.
All the orders of the surrogate of the county of New York, set forth in the complaint, were such as it w7as lawful for him to make on the presentation to him of the proper facts. It is not asserted as to any of these orders that they are not such as a surrogate has jurisdiction to make in a proper case, but only that the complaint omits to set forth the particular facts upon which they should be founded, and it is in that sense only that it is said that the complaint fails to show jurisdiction in the surrogate to make the orders, his court being one of special and limited jurisdiction.
This…
2Cases cited3 opinions
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Seaman v. . DuryeaNew York Court of Appeals · 1854
- Thomas v. BennettNew York Supreme Court · 1868
3Cited by7 opinions
- Caulfield v. . SullivanNew York Court of Appeals · 1881
- Harrison v. . ClarkNew York Court of Appeals · 1882
- In re the Estate of Slobodin-EdelsonNew York Surrogate's Court · 1932
- Robinson v. KaaeHawaii Supreme Court · 1915
- McMahon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
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