Wright v. . Fleming
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order reversing an order of Special Term, which overruled a demurrer to the complaint herein, and directing judgment for the defendants on the demurrer.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order reversing an order of Special Term, which overruled a demurrer to the complaint herein, and directing judgment for the defendants on the demurrer. (Reported below, 12 Hun, 469.) » Plaintiff’s complaint alleged, substantially, the following facts : Pending proceedings before the surrogate of Westchester county, for the final settlement of the accounts of the plaintiff, as administrator of the estate of John -T. Wright, deceased, the plaintiff obtained from several of the next…
1Per curiam
The facts alleged to sustain the prayer of the complaint for an injunction are not sufficient. It alleges the giving of releases and assignments, and that the surrogate disregarded them when presented to him in the proceedings in his court. It is not alleged that he had or had not the power to consider and pass upon them. It alleges that the estate of Mrs. Youle is not represented in the proceedings ; because the will left by her has not been admitted to probate. - It does not. allege that it is the fault of the surrogate that it has not been; nor does it show what is the reason, or the lack…
2Cited by9 opinions
- Van Sinderen v. LawrenceNew York Supreme Court · 1888
- Bomeisler v. ForsterAppellate Division of the Supreme Court of the State of New York · 1896
- Sutton v. WeeksNew York Surrogate's Court · 1882
- Bomeisler v. ForsterAppellate Terms of the Supreme Court of New York · 1896
- Fraenznick v. MillerNew York Surrogate's Court · 1883
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