In re Whittal

Appellate Division of the Supreme Court of New York

In re Whittal

49 N.Y.S. 282, 25 A.D. 624

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1898

StatusPublished

This text of 49 N.Y.S. 282 (In re Whittal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Whittal, 49 N.Y.S. 282, 25 A.D. 624 (N.Y. Ct. App. 1898).

Pincite

Opinion

PER CURIAM.

It does not appear from the order that the denial was upon the ground of want of power. If we are to decide, the questions discussed at the bar, the grounds stated in the opinion of the learned surrogate must, in some form, appear in his order or decree. The appellant should be afforded an opportunity of having those grounds embodied in an order. We will therefore affirm the present order, with costs, without prejudice to a renewal of the application before the surrogate.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

It does not appear from the order that the denial was upon the ground of want of power. If we are to decide, the questions discussed at the bar, the grounds stated in the opinion of the learned surrogate must, in some form, appear in his order or decree. The appellant should be afforded an opportunity of having those grounds embodied in an order. We will therefore affirm the present order, with costs, without prejudice to a renewal of the application before the surrogate.

Cite This Page — Counsel Stack

Bluebook (online)

49 N.Y.S. 282, 25 A.D. 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-whittal-nyappdiv-1898.