Legal Opinion

In re Porter

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

Decided July 1, 1898PublishedCited by 3 opinions

1Opinion of the Court

Memorandum by the Court :

We are of opinion that the proceeding to remove a committee of the person and estate of an incompetent person is not -a part of *252the original proceeding by which such ■ committee was appointed. Consequently the proceeding instituted for the former purpose, in Kings county, in the second judicial district, and the one in the county of Erie, in the eighth judicial district, are independent proceedings. An order, therefore, in one proceeding, staying the prosecution of the other proceeding, is, in substance and effect, an injunction and not a stay. The orders granted in…

2Cited by3 opinions

  1. Putney v. FlaglerAppellate Division of the Supreme Court of the State of New York · 1898
  2. Putney v. FlaglerAppellate Division of the Supreme Court of the State of New York · 1898
  3. Edwards v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1956

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