Smith v. Patten
New York Supreme Court
Motion to set aside a judgment. This action was brought by Henry Smith and others against Jacob M. Patten and Hiron W. Allen, executors, &c., of John Shepard, deceased. The will of John Shepard was presented to the surrogate of the county of Hew York for probate, and was rejected.
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Motion to set aside a judgment. This action was brought by Henry Smith and others against Jacob M. Patten and Hiron W. Allen, executors, &c., of John Shepard, deceased. The will of John Shepard was presented to the surrogate of the county of Hew York for probate, and was rejected. The defendants employed the plaintiffs, who were attorneys and counselors of Albany county, to bring an appeal from the order of the surrogate, which was done, and the order was reversed by the court of appeals, and the will was admitted to probate. The plaintiffs commenced this action against the defendants, as…
1Opinion of the CourtIngalls, J.
I am satisfied that the plaintiffs were entitled to costs, and that the same were properly included in the entry of judgment, without a special application to the court for that purpose. Section 317 of the Code provides as follows: “In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own right, but such costs shall be chargeable only upon, or collected of, the estate, fund or party represented, unless the…
2Cases cited2 opinions
- Sands v. CraftNew York Supreme Court · 1859
- Godding v. PorterNew York Supreme Court · 1864