In re Lord's Estate

New York Supreme Court

In re Lord's Estate

30 N.Y.S. 1117

CourtNew York Supreme Court

DecidedNovember 16, 1894

StatusPublished

Cited by1 cases

This text of 30 N.Y.S. 1117 (In re Lord's Estate) 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 Lord's Estate, 30 N.Y.S. 1117 (N.Y. Super. Ct. 1894).

Pincite

Opinion

PER CURIAM.

The court, upon a practice motion, has no power to make an order of reference to hear and determine. The only order which can be made is to take the testimony, and report with his •opinion. Upon the merits we are of opinion that the court had no authority to strike out relevant averments simply because they are claimed to be untrue. The order should be reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

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PER CURIAM.

The court, upon a practice motion, has no power to make an order of reference to hear and determine. The only order which can be made is to take the testimony, and report with his •opinion. Upon the merits we are of opinion that the court had no authority to strike out relevant averments simply because they are claimed to be untrue. The order should be reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

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Bluebook (online)

30 N.Y.S. 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lords-estate-nysupct-1894.

Opinion

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