Holmes v. Abbott
New York Supreme Court
Appeal from special term, Jefferson county. By order of court Alfred A. Holmes was authorized to institute and prose■cute to judgment, as committee of the property of Alanson R. Lewis, an action against J. Henry Abbott, Duane Spalsbury, and Polly Butler, “and to join such other parties as defendants therein as are related to the transactions involved in the action, and such as have or claim to have an interest in the property of said Lewis; such action to be prosecuted for…
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Appeal from special term, Jefferson county. By order of court Alfred A. Holmes was authorized to institute and prose■cute to judgment, as committee of the property of Alanson R. Lewis, an action against J. Henry Abbott, Duane Spalsbury, and Polly Butler, “and to join such other parties as defendants therein as are related to the transactions involved in the action, and such as have or claim to have an interest in the property of said Lewis; such action to be prosecuted for the setting aside of liens upon the said property of said Lewis, claimed by the said Abbott, and said Spalsbury, and said…
1Opinion of the CourtHardin, P. J.
Subdivision 9, § 484, Code Civil Proc., contains the substance of subdivision 1, § 167, Code Proc., which was said by Comstock, J., in Railroad Co. v. Schuyler, 17 N. Y. 592, to be “well chosen for the purpose intended, because it is so obscure and so general as to justify the interpretations which shall be found most convenient and best calculated to promote the ends of justice.” In Wiles v. Suydam, 64 N. Y. 178, Church, C. J., says of it, viz.: “There is certainly ample scope for construction, but it is sometimes difficult to determine what interpretation will best promote the ends of…
Also in this document: Concurrence.
2Cases cited5 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Bank of Orleans v. FlaggNew York Court of Chancery · 1848
- Garner v. ThornThe Superior Court of New York City · 1878
3Cited by4 opinions
- Kellogg v. SipleAppellate Division of the Supreme Court of the State of New York · 1896
- Wood v. Sidney Sash, Blind & Furniture Co.New York Supreme Court · 1895
- Kellogg v. Chenango Valley Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- Nash v. Hall Signal Co.New York Supreme Court · 1895