Mount v. . Mitchell
New York Court of Appeals
Appeal from the judgment of the Supreme Court, first district, which reversed an order of the surrogate of the city of Mew York.
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Appeal from the judgment of the Supreme Court, first district, which reversed an order of the surrogate of the city of Mew York. In July, 1863, the appellants recovered a judgment against the respondent Mount, in the Court of Common Pleas of the city of ¡New York, for $1,261.76. Mount was sole acting executor of William B. Moffat, late of the city of ¡New York, who died in April, 1862. Letters testamentary were issued to Mount 7th May, 1862. In September, 1863, Mitchell, one of the appellants, applied to the surrogate of ¡¡Slew York for a citation to be issued to Mount as such executor, to…
1Opinion of the Court
1. It is so entirely clear that the General Term had no jurisdiction of the appeal in this case, that it requires nothing further to be said than to read the provision of the statute, made for such purpose, to wit: "Every such order shall beconclusive evidence that there are sufficient assets in the hands of such executor or administrator to satisfy the amount for which the execution is directed to be levied; and no appeal shall be made from any such order unless the person making the same shall execute to the plaintiff in such execution a bond with sufficient sureties, to be approved by the…
2Cited by6 opinions
- Ban v. Columbia Southern Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- In re the Rehabilitation of Empire Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LetheniaCriminal Court of the City of New York · 1976
- Melcher v. FiskNew York Surrogate's Court · 1878
- Bailey v. HiltonNew York Supreme Court · 1878
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