In re Knoop's Estate
New York Surrogate's Court
Application for leave to issue executions on judgments rendered by the city court of Hew York against the executor of Anna Knoop, deceased. Code Civil Proc.
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Application for leave to issue executions on judgments rendered by the city court of Hew York against the executor of Anna Knoop, deceased. Code Civil Proc. N. Y. § 316, is as follows: “The jurisdiction conferred by the last section is subject to the following limitations and regulations: (1) In an action w'herein the complaint demands judgment for a sum of money only, the sum; for which judgment is rendered in favor of the plaintiff, cannot exceed two thousand dollars, exclusive of interest, and costs as taxed, except where it is brought upon a bond or undertaking given in an action or…
1Opinion of the Court
Ransom, S.
Section 316 of the Code of Civil Procedure, as it stood previously to the enactment of chapter 441 of the Laws of 1889, prescribed that its third subdivision sliou Id operate as a limitation and restriction upon the first subdivision of section 315, and thus plainly recognized that said first subdivision would have conferred, by its terms, jurisdiction upon the marine (now city) court, to entertain an action against an executor or administrator in the absence of such limitation or restriction. The limitation has been removed by the chapter mentioned, and I have no doubt that, since,…
2Cases cited18 opinions
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
- Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tiffany v. . LordNew York Court of Appeals · 1875
- Callahan v. . Mayor, Aldermen and Commonalty of New YorkNew York Court of Appeals · 1876
- Mack v. KitsellCity of New York Municipal Court · 1887
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