Legal Opinion

Wickham v. Berrigan

New York County Courts

Decided September 26, 1956PublishedCited by 2 opinions

1Opinion of the CourtArchibald C. Wemple, J.

Annie Berrigan, as administratrix of the goods, chattels and credits of Joseph M. Berrigan, deceased, by an answer to the complaint herein, appeared specially and now moves for an order dismissing the plaintiffs’ complaint, pursuant to rule 107 of the Rules of Civil Practice. The attorney for the administratrix, on argument of the motion *637and in Ms moving affidavit, stated that there was no such legal entity as the defendant named — viz. Annie Berrigan, as executrix of the last will and testament of Joseph M. Berrigan, deceased, and that, therefore, there was a fatal jurisdictional defect in…

2Cases cited6 opinions

  1. Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
  2. Munzinger v. Courier Co.New York Supreme Court · 1894
  3. De Witt v. Abraham Bros. Horse & Mule Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. Becker v. WoodcockAppellate Division of the Supreme Court of the State of New York · 1910
  5. Yeager v. Co-operative Fire Underwriters Ass'nAppellate Division of the Supreme Court of the State of New York · 1935

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3Cited by2 opinions

  1. Gray v. JohnsonWest Virginia Supreme Court · 1980
  2. Mapley v. Board of EducationNew York Supreme Court · 1958

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