In re Hanly

New York Supreme Court

In re Hanly

34 N.Y.S. 998, 95 N.Y. Sup. Ct. 617, 69 N.Y. St. Rep. 110, 88 Hun 617

DecidedJune 14, 1895

StatusPublished

This text of 34 N.Y.S. 998 (In re Hanly) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Hanly, 34 N.Y.S. 998, 95 N.Y. Sup. Ct. 617, 69 N.Y. St. Rep. 110, 88 Hun 617 (N.Y. Super. Ct. 1895).

Pincite

Opinion

PRATT, J.

The surrogate directs a judicial settlement of the account of Anna T. Murphy as general guardian of Joseph F. Hanly. It is objected to on the ground that in a pending partition suit Joseph F. Hanly has pleaded that Anna T. Murphy has collected rents belonging to Hanly, for which an account is asked. The pleadings before the surrogate show that the rents are not matters for which an account is claimed. It follows that full relief cannot be given in the partition suit, and the accounting before the surrogate is necessary.

Order appealed from affirmed, with costs. All concur.

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PRATT, J.

The surrogate directs a judicial settlement of the account of Anna T. Murphy as general guardian of Joseph F. Hanly. It is objected to on the ground that in a pending partition suit Joseph F. Hanly has pleaded that Anna T. Murphy has collected rents belonging to Hanly, for which an account is asked. The pleadings before the surrogate show that the rents are not matters for which an account is claimed. It follows that full relief cannot be given in the partition suit, and the accounting before the surrogate is necessary.

Order appealed from affirmed, with costs. All concur.

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Bluebook (online)

34 N.Y.S. 998, 95 N.Y. Sup. Ct. 617, 69 N.Y. St. Rep. 110, 88 Hun 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hanly-nysupct-1895.