Legal Opinion

Wilson v. Harter

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

Decided January 15, 1901PublishedCited by 6 opinions

Appeal by the defendant, Charles Harter, from an order of the Supreme Court, made at the Onondaga Special Term and entered , in the office of the clerk of the county of Onondaga on the 22d day of June, 1900, substituting Mary A. Wilson, as administratrix, etc., of Stanley W. Wilson, deceased, as plaintiff in the action in the place of Stanley W. Wilson, deceased.

1Opinion of the Court

Spring, J.:

The motion was to substitute Mary A. Wilson, as administratrix of the goods, etc., of the deceased, Stanley W. Wilson, as plaintiff in the action in his stead. It was based solely upon the affidavit of the attorney who appeared for the intestate. The affidavit stated that the attorney appeared for the plaintiff in the action ; that the plaintiff died September 15,. 1899, and that on March 20, 1900, Mary A. Wilson was duly appointed his administratrix. There is no suggestion in the affidavit that the attorney made the motion on behalf of the administratrix, or that she assented to…

2Cited by6 opinions

  1. Ruderman v. FefferAppellate Division of the Supreme Court of the State of New York · 1960
  2. Lewis v. LewisNew York Supreme Court · 1964
  3. Robinson v. ThomasAppellate Division of the Supreme Court of the State of New York · 1908
  4. Dooley v. GrayAppellate Division of the Supreme Court of the State of New York · 1964
  5. O'Brien v. FlynnAppellate Division of the Supreme Court of the State of New York · 1930

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