Murtha v. Wilcox

Appellate Division of the Supreme Court of New York

Murtha v. Wilcox

62 N.Y.S. 1142

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

DecidedJanuary 9, 1900

StatusPublished

This text of 62 N.Y.S. 1142 (Murtha v. Wilcox) 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

Murtha v. Wilcox, 62 N.Y.S. 1142 (N.Y. Ct. App. 1900).

Pincite

Opinion

PER CURIAM.

The statement of facts contained in this case is not sufficient to enable the court to render judgment. It does not appear therein either that Edward Peirson is dead, or that William L. Peirson has attained the age of 21 years. The questions discussed in the briefs are based on the assumption that the trust under the will of William G. Peirson did not terminate until after the death of the widow, and yet that fact is not made to appear in the agreed statement. This defect may be remedied, under the last clause of section 1281 of the Code of Civil Procedure, by the filing of an additional statement, if the parties so elect; such statement to be filed within 10 days.

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PER CURIAM.

The statement of facts contained in this case is not sufficient to enable the court to render judgment. It does not appear therein either that Edward Peirson is dead, or that William L. Peirson has attained the age of 21 years. The questions discussed in the briefs are based on the assumption that the trust under the will of William G. Peirson did not terminate until after the death of the widow, and yet that fact is not made to appear in the agreed statement. This defect may be remedied, under the last clause of section 1281 of the Code of Civil Procedure, by the filing of an additional statement, if the parties so elect; such statement to be filed within 10 days.

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Bluebook (online)

62 N.Y.S. 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murtha-v-wilcox-nyappdiv-1900.