In re Marshall
7 N.Y.S. 861, 5 Silv. Sup. 264, 27 N.Y. St. Rep. 889, 1889 N.Y. Misc. LEXIS 1346
Opinion
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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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).
7 N.Y.S. 861 (In re Marshall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Leavy v. . Gardner
63 N.Y. 624 (New York Court of Appeals, 1875)
In re Roberts
6 N.Y.S. 195 (New York Supreme Court, 1889)