Koch v. Alker

New York Surrogate's Court

Koch v. Alker

3 Dem. Sur. 148

DecidedOctober 15, 1884

StatusPublished

This text of 3 Dem. Sur. 148 (Koch v. Alker) 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

Koch v. Alker, 3 Dem. Sur. 148 (N.Y. Super. Ct. 1884).

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Opinion

The Surrogate.

On the hearing of this application, the respondent’s counsel, while disavowing any purpose to question, in other respects, the claim of the petitioner, insisted that it was excessive in amount. If this objection shall be presented in the form of a verified answer, the claim must necessarily be treated as a disputed-one, and, as such, one which the Surrogate has no authority to determine. The respondent will be afforded an opportunity to interpose such a verified answer, embodying his objection to the petitioner’s claim.

[149]*149In default of such answer, an order must be entered directing payment.

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The Surrogate.

On the hearing of this application, the respondent’s counsel, while disavowing any purpose to question, in other respects, the claim of the petitioner, insisted that it was excessive in amount. If this objection shall be presented in the form of a verified answer, the claim must necessarily be treated as a disputed-one, and, as such, one which the Surrogate has no authority to determine. The respondent will be afforded an opportunity to interpose such a verified answer, embodying his objection to the petitioner’s claim.

[149]*149In default of such answer, an order must be entered directing payment.

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Bluebook (online)

3 Dem. Sur. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koch-v-alker-nysurct-1884.