Legal Opinion

Van Ness v. . Ransom

New York Court of Appeals

Decided July 13, 1915PublishedCited by 34 opinions

Motion for substitution of parties.

1Opinion of the CourtOuddebaok, J.

The plaintiff in this action died in January, 1915, after the determination of the appeal at the Appellate Division, and this is a motion to substitute in her place and stead as plaintiff the executor of her last will and testament. The motion is opposed upon the ground that the cause of action did not survive the plaintii|’s death.

The plaintiff, Deborah Van Ness, and the defendant’s intestate, Cornelius Henry Van Ness, were husband and wife, and they were divorced by a decree of the Supreme Court entered on May 23, 1867. The decree of divorce provided that the defendant, as a suitable…

2Cases cited9 opinions

  1. Wetmore v. MarkoeSupreme Court of the United States · 1904
  2. Romaine v. . ChaunceyNew York Court of Appeals · 1892
  3. McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
  4. Carr v. . RischerNew York Court of Appeals · 1890
  5. Gerrein's Admr. v. MichieCourt of Appeals of Kentucky · 1906

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3Cited by34 opinions

  1. Sleicher v. SleicherNew York Court of Appeals · 1929
  2. Simonton v. SimontonIdaho Supreme Court · 1920
  3. Peterson v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1992
  4. Averett v. AverettNew York Supreme Court · 1920
  5. Sperbeck v. A. L. Burbank & Co., IncCourt of Appeals for the Second Circuit · 1951

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