Furniss v. Furniss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sophia B. 0. Furniss and another,, individually and as trustees, etc., and Clementina Fumiss, from an order of the Supreme Court, made at the New York Special Term, pursuant to section 976 of the Code of Civil Procedure, and entered in the office of the clerk of the county of New York on the 8th day of June, 1911, overruling the said defendants’ demurrers to the • amended complaint and the supplemental • complaint.
1Opinion of the Court
Laughlin, J.:
The practice adopted in the case at bar of entering an order instead of a decision as authority for the judgment, and of appealing from the order instead of from the judgment, has not only received the sanction of this court, but the approval of the -Court of Appeals as well. (National Park Bank v. Billings, 144 App. Div. 536; affd., 203 N. Y. 556.)
This action is brought to compel the trustees of certain trusts under the will of William P. Fumiss, deceased, to account, and to compel them to discover and disclose to the plaintiffs the corpus of the property which they and their…
2Cases cited8 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Horton v. . CantwellNew York Court of Appeals · 1888
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3Cited by2 opinions
- Furniss v. FurnissAppellate Division of the Supreme Court of the State of New York · 1911
- Palito v. New York State Railways, New York County Courts1915