In re Wendell

New York Supreme Court

In re Wendell

25 N.Y. St. Rep. 628

DecidedJuly 9, 1889

StatusPublished

This text of 25 N.Y. St. Rep. 628 (In re Wendell) 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 Wendell, 25 N.Y. St. Rep. 628 (N.Y. Super. Ct. 1889).

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Opinion

Daniels, J.

This proceeding was commenced by petition in January, 1872, and the petitioner died in December, 1876. Proof was taken in it by the examination of a son of the petitioner, as a witness, in 1885, but no revival of the proceeding had then taken place.

The first step for the revival of the proceeding was the . service of a notice of motion in February, 1888, and no excuse whatever has been given for this long delay of upwards of ten years, on the part of the applicants, and that was sufficient to justify the court in the order which was made denying the application.

For that, and the additional reason given in the Case of Marshall O. Roberts (24 N. Y. State Rep., 993), the order should be affirmed, with ten dollars costs and also the disbursements.

Van Brunt, Oh. J., and Brady, J., concur.

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Daniels, J.

This proceeding was commenced by petition in January, 1872, and the petitioner died in December, 1876. Proof was taken in it by the examination of a son of the petitioner, as a witness, in 1885, but no revival of the proceeding had then taken place.

The first step for the revival of the proceeding was the . service of a notice of motion in February, 1888, and no excuse whatever has been given for this long delay of upwards of ten years, on the part of the applicants, and that was sufficient to justify the court in the order which was made denying the application.

For that, and the additional reason given in the Case of Marshall O. Roberts (24 N. Y. State Rep., 993), the order should be affirmed, with ten dollars costs and also the disbursements.

Van Brunt, Oh. J., and Brady, J., concur.

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Bluebook (online)

25 N.Y. St. Rep. 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wendell-nysupct-1889.