Robinson v. . Govers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in tlje first judicial department, made February 17, 1893, which reversed an order of Special Term granting a motion to continue the action in the name of the original plaintiff, and denied said motion. This was an action to recover plaintiff’s dower in the estate of Anthony Robinson, defendant’s intestate. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Bbien, J.
The court at Special Term in this case, after the death of the plaintiff, in an action to recover dower, made an order directing that the action be continued in the name of the executor and that the money which she was to receive in lieu of dower be paid to him. The General Term lias reversed the order, holding virtually that the action has abated by the plaintiff’s death. We agree with the learned General Term that § 763 of the Code has no application to the ques tion. That applies to cases in which the cause of action survives, and unless the order appealed from can be questioned upon some…
2Cases cited2 opinions
- Knapp v. . RocheNew York Court of Appeals · 1880
- Livermore v. . BainbridgeNew York Court of Appeals · 1872
3Cited by22 opinions
- In Re the Administration of the Estate of CrandallNew York Court of Appeals · 1909
- Kohlsaat v. CommissionerUnited States Board of Tax Appeals · 1939
- Youngs v. GoodmanNew York Court of Appeals · 1925
- In re the Estate of SonderlingNew York Surrogate's Court · 1935
- In re Hargadine-McKittrick Dry Goods Co.District Court, E.D. Missouri · 1917
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