In re Marshall

New York Supreme Court

In re Marshall

7 N.Y.S. 861, 5 Silv. Sup. 264, 27 N.Y. St. Rep. 889, 1889 N.Y. Misc. LEXIS 1346

DecidedDecember 2, 1889

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This text of 7 N.Y.S. 861 (In re Marshall) 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 Marshall, 7 N.Y.S. 861, 5 Silv. Sup. 264, 27 N.Y. St. Rep. 889, 1889 N.Y. Misc. LEXIS 1346 (N.Y. Super. Ct. 1889).

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Opinion

Van Brunt, P. J.

The denial of this motion seems to have been fully jus_ tified by the principles laid down in Re Roberts, 6 N. Y. Supp. 195, (decided by this court on the 9th of July, 1889,) where it was held that this was a special proceeding, and that, under the rule applied in Leavy v. Gardner, 63 N. Y. 624, it was entirely abated by the decease of the petitioner. The order should be affirmed, with $10 costs and disbursements. All concur.

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Van Brunt, P. J.

The denial of this motion seems to have been fully jus_ tified by the principles laid down in Re Roberts, 6 N. Y. Supp. 195, (decided by this court on the 9th of July, 1889,) where it was held that this was a special proceeding, and that, under the rule applied in Leavy v. Gardner, 63 N. Y. 624, it was entirely abated by the decease of the petitioner. The order should be affirmed, with $10 costs and disbursements. All concur.

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Bluebook (online)

7 N.Y.S. 861, 5 Silv. Sup. 264, 27 N.Y. St. Rep. 889, 1889 N.Y. Misc. LEXIS 1346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marshall-nysupct-1889.

Opinion

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