Outhouse v. Odell
New York Supreme Court
Appeal from special term, Orange county. Claim by Sylvester Outhouse against Angeline Odell, as executrix of Rachel Tompkins, deceased, for $30,000, which was referred under the statute. The referee found in favor of claimant for $630, but without costs. Claimant then presented to the clerk a bill for disbursements, amounting to $255.74. Objection was made thereto by the attorney for the executrix.
Read the full summary
Appeal from special term, Orange county. Claim by Sylvester Outhouse against Angeline Odell, as executrix of Rachel Tompkins, deceased, for $30,000, which was referred under the statute. The referee found in favor of claimant for $630, but without costs. Claimant then presented to the clerk a bill for disbursements, amounting to $255.74. Objection was made thereto by the attorney for the executrix. The clerk overruled the objection, and taxed the disbursements at the sum of $255.74. Defendant appealed from the taxation to the special term, where it was affirmed. From the decision of…
1Opinion of the CourtPratt, J.
It is clear from an examination of the case of Larkins v. Maxon, 103 N. Y. 680, 9 N. E. 56, that the provisions of the old Code (section 317) were not repealed by Laws 1880, c. 245; Code Civ. Proc. At the time this decision was rendered, sections 1835 and 1836 of the Code of Civil Procedure were in force, and now are in force, and section 317 of the old Code is in force, unless repealed by chapter 686 of Laws of 1893.1 The chapter last mentioned provides that, on the entry of the order of reference, the proceeding shall become an action in the supreme court, and that the reference shall be…
2Cases cited1 opinion
- Larkins v. . MaxonNew York Court of Appeals · 1886
3Cited by1 opinion
- Mulligan v. CannonNew York Supreme Court · 1896