Legal Opinion

People v. Troupe

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

Decided January 6, 1916PublishedCited by 2 opinions

Appeal by the defendant, Frank H. Bryant, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 15th day of June, 1915, setting aside a judgment of the Supreme Court in action No. 1, together with a judgment of affirmance thereof by the Appellate Division, Third Department, and a final judgment of affirmance thereof entered upon an order made by the Court of Appeals upon a stipulation and…

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Appeal by the defendant, Frank H. Bryant, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 15th day of June, 1915, setting aside a judgment of the Supreme Court in action No. 1, together with a judgment of affirmance thereof by the Appellate Division, Third Department, and a final judgment of affirmance thereof entered upon an order made by the Court of Appeals upon a stipulation and also releasing the People of the State of New York from the terms of said stipulation, and further directing that a…

1Opinion of the Court

Woodward, J.:

Matilda C. Johnston died intestate prior to the 12th day of December, 1904, leaving no issue of her body. One Samuel S. Peck was duly appointed administrator of her estate by the Surrogate’s Court of Albany county. On the 12th day of May, 1904, Isabella L. Troupe, claiming to be an adopted daughter, brought an action against the administrator, setting up the contract of adoption between herself and Matilda C. Johnston, the People of the State of New York being made a party to the action, and appearing and answering-by the then Attorney-General. This action resulted in a judgment,…

2Cases cited5 opinions

  1. Geneva Furniture Manufacturing Co. v. S. Karpen & Bros.Supreme Court of the United States · 1915
  2. In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
  3. Mooers v. WhiteNew York Court of Chancery · 1822
  4. Croner v. . CowdreyNew York Court of Appeals · 1893
  5. Ettenheimer v. HeffernanNew York Supreme Court · 1873

3Cited by2 opinions

  1. In re the Accounting of DallyNew York Surrogate's Court · 1954
  2. People ex rel. Fisher v. MorhousNew York Supreme Court · 1944

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