People ex rel. Collins v. Donohue
New York Supreme Court
Appeal from special term, New York county. Proceeding by John Collins, the legal representative of Maria Louisa Collins, deceased, to be substituted as plaintiff in an action entitled “The People of the State of New York, on the relation of Maria Louisa Collins, Trustee, ” etc., “against Charles Donohue and Garrett W. Ryckman, Jr.” From an order of the court continuing such action in the name of John Collins, successor to Maria L. Collins, deceased, the defendants therein…
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Appeal from special term, New York county. Proceeding by John Collins, the legal representative of Maria Louisa Collins, deceased, to be substituted as plaintiff in an action entitled “The People of the State of New York, on the relation of Maria Louisa Collins, Trustee, ” etc., “against Charles Donohue and Garrett W. Ryckman, Jr.” From an order of the court continuing such action in the name of John Collins, successor to Maria L. Collins, deceased, the defendants therein appeal.
1Per curiam
As this was an action which survived, it was a matter of course, under section 757 of the Code of Civil Procedure, upon the death of Maria Louisa Collins to continue it in the name of her legal representative. There was no necessity, as claimed by the appellant, for a supplemental complaint to enable the defendants to take advantage of any legal objection to the1 action as it was originally brought. The case was under advisement when-Maria Louisa Collins died, and it will necessarily be decided upon the facts- and the law as they existed at that time. Hor was it necessary to continue the…
2Cited by2 opinions
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Robinson v. ThomasAppellate Division of the Supreme Court of the State of New York · 1908