Weaver v. . Ely
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 14, 1878, affirming a judgment in favor of defendants, entered upon the report of a referee; also, affirming an order of Special Term, which granted to each of the several defendants an extra allowance of costs.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 14, 1878, affirming a judgment in favor of defendants, entered upon the report of a referee; also, affirming an order of Special Term, which granted to each of the several defendants an extra allowance of costs. This action was brought by plaintiffs, as legatees under the will of Fowler M. Ray, deceased; they asked for an accounting by defendants Ray and Ely, as executors and trustees under said will, and for payment by them, out of the assets in their hands, of the…
1Opinion of the CourtDanforth, J.
The appellants fail to point out any finding of fact made by the learned referee without evidence in its support, and as it is clear that the facts found warrant his conclusions of law, the judgment upon the merits must be affirmed. Another question is, however, presented by an appeal from the order giving an extra allowance of costs, and as to that the result is different, for we are unable to find any matter stated which brings the case within the provisions of the Code relating to that subject. The defendants appeared by six different attorneys; they have had given to them separate bills…
2Cases cited2 opinions
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- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Doremus v. DoremusNew York Supreme Court · 1892
- Patterson v. BurnettNew York Supreme Court · 1889
- Adams v. . ArkenburghNew York Court of Appeals · 1887
- Proctor v. SoulierAppellate Division of the Supreme Court of the State of New York · 1896
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