Warren v. Union Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Union Bank of Rochester and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk.of the county of Monroe on the 15th day of May, 1897, upon the decision of the court rendered after a trial at the Monroe Special Term. The action was commenced May 21, 1896. At that time the plaintiff was an infant of the age of eleven years.
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Appeal by the defendants, The Union Bank of Rochester and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk.of the county of Monroe on the 15th day of May, 1897, upon the decision of the court rendered after a trial at the Monroe Special Term. The action was commenced May 21, 1896. At that time the plaintiff was an infant of the age of eleven years. The complaint alleged that in the month of February, 1895, the plaintiff was the owner of certain real estate in the city of Rochester ; that the defendant Holmes B. Stevens was his…
1Opinion of the Court
Ward, J.:
An elaborate statement of facts seemed to be necessary to fully present the interesting and important question which we must consider upon this review.
The judgment appealed from assumes, in a collateral proceeding, in an independent, original action.to overturn and declare void the acts and decisions, orders and determination of the Supreme Court in a proceeding for the sale of infants’ real estate, and we must consider under what circumstances this may be done.
The Supreme Court has no inherent jurisdiction to direct the sale of an infant’s real, estate; but its jurisdiction rests…
2Cases cited8 opinions
- Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Losey v. . StanleyNew York Court of Appeals · 1895
- Noyes v. . BlakemanNew York Court of Appeals · 1852
- Webb v. PellNew York Court of Chancery · 1831
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3Cited by1 opinion
- O'Brien v. JacksonAppellate Division of the Supreme Court of the State of New York · 1899