Ballantyne v. Steenwerth
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. ■ Action by Amelia B. Ballantyne against John H. Steenwerth, as executor of Phillip Steichelmann, deceased. From an order granting full statutory costs and disbursements to plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtWillard Bartlett, J.
The county court has awarded to the plaintiff full costs against the defendant executor under section *381836 of the Code of Civil Procedure. The order cannot be sustained, on the ground that defendant did not seasonably file the consent provided for in section 1822 and in the section cited, because the suit was begun only eight days after the claim was rejected by the executor, whereas the executor has five months and twenty days after the rejection to file the necessary consent. Hart v. Hart, 45 App. Div. 280, 61 N. Y. Supp. 131. It would seem, therefore, that the or- ■ der must have been…
2Cases cited1 opinion
- Hart v. HartAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Pallas v. Crowley, Milner & Co.Michigan Supreme Court · 1948
- Pauley v. MillspaughAppellate Division of the Supreme Court of the State of New York · 1904
- Fremd v. HalstedAppellate Division of the Supreme Court of the State of New York · 1918
- Fremd v. HalstedAppellate Division of the Supreme Court of the State of New York · 1918