In re McCullough

New York Surrogate's Court

In re McCullough

2 Gibb. Surr. 175, 18 Misc. 721, 43 N.Y.S. 968

CourtNew York Surrogate's Court

DecidedDecember 15, 1896

StatusPublished

Cited by1 cases

This text of 2 Gibb. Surr. 175 (In re McCullough) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re McCullough, 2 Gibb. Surr. 175, 18 Misc. 721, 43 N.Y.S. 968 (N.Y. Super. Ct. 1896).

Pincite

Opinion

Marcus, S.

Susan Dorr brought an action against the receivers of the Erie Railway Company for the negligent killing of her husband, the result of which was favorable, to the railway company, the plaintiff having failed to sustain her action.-

A judgment for costs was obtained against her and.an.application is now made for leave to issue execution.

The judgment obtained and upon which leave to issue execu[176]*176tion is asked for is in favor of the petitioners against Susan Dorr, as administratrix of the goods' and chattels of Peter Dorr, deceased.

It is clear that this judgment was not obtained in an action relating to the estate of decedent within the authority of Matter of Jansen, 1 Connolly, 362, and, therefore, this court cannot allow an execution to issue for the costs of the action against the administratrix in her representative capacity.

Application for leave to issue execution denied; with costs to ■contestants.

Application denied, with costs.

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