Legal Opinion

Donnelly v. Congdon

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1935PublishedCited by 1 opinion

1Per curiam

After the executor paid to the petitioner the $750 which was awarded by a judgment of the Supreme Court, as a condition of validating a conveyance which the executor had given, he cannot, by discovery proceedings in Surrogate’s Court, get back the money he had so paid as a condition of the advantage secured to him by the Supreme Court judgment. The Supreme Court had jurisdiction of the parties to, and the subject-matter of, the con*596troversy, and neither the Surrogate’s Court nor any one by resorting to Surrogate’s Court, can attack the validity of the Supreme Court judgment. If any court acted…

2Cited by1 opinion

  1. Tarenzi v. MaxwellNew York Supreme Court · 1959

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