Legal Opinion

Evans v. Appell

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 1924PublishedCited by 16 opinions

1Opinion of the Court

Martin, J.:

The defendant Albert J. Appell seeks to dismiss the complaint, asserting that it does not state facts sufficient to constitute a cause of action, that the plaintiff has no legal capacity to sue, and that as to an alleged cause of action for a construction of the will of Jacob Appell, deceased, and for an accounting by his executors and trustees, the complaint fails to state facts sufficient to give the court jurisdiction of the subject-matter or to warrant the court in taking jurisdiction thereof.

During the argument of this appeal it was admitted that the sole purpose of this…

2Cases cited14 opinions

  1. Lawrence v. . LittlefieldNew York Court of Appeals · 1915
  2. Sanders v. . SoutterNew York Court of Appeals · 1891
  3. Anderson v. . AndersonNew York Court of Appeals · 1889
  4. Hascall v. . KingNew York Court of Appeals · 1900
  5. Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In re Accounting of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1946
  2. Schley v. DonlinNew York Supreme Court · 1927
  3. In re the Estate of MartinNew York Surrogate's Court · 1941
  4. In re the Estate of DeutschNew York Surrogate's Court · 1945
  5. Benham v. HeinAppellate Division of the Supreme Court of the State of New York · 1975

11 more not listed; retrieve them via the Exa API.

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