Story v. Dayton

New York Supreme Court

Story v. Dayton

29 N.Y. Sup. Ct. 450

DecidedOctober 15, 1880

StatusPublished

This text of 29 N.Y. Sup. Ct. 450 (Story v. Dayton) 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

Story v. Dayton, 29 N.Y. Sup. Ct. 450 (N.Y. Super. Ct. 1880).

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Opinion

Opinion by

Smith, J.;

Talcott, P. J., and Hardin, J., concurred except that in their opinion the respondent should be charged with costs in either event.

Order of surrogate reversed, and prayer of petitioner granted, with costs of this appeal to be paid by the respondent personally, unless the respondent will stipulate that the decree or final settlement may be amended in the particulars specified in the opinion herein, in which case the order appealed from is affirmed, with costs of this appeal to be paid by the respondent personally, and not out of the estate.

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Opinion by

Smith, J.;

Talcott, P. J., and Hardin, J., concurred except that in their opinion the respondent should be charged with costs in either event.

Order of surrogate reversed, and prayer of petitioner granted, with costs of this appeal to be paid by the respondent personally, unless the respondent will stipulate that the decree or final settlement may be amended in the particulars specified in the opinion herein, in which case the order appealed from is affirmed, with costs of this appeal to be paid by the respondent personally, and not out of the estate.

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Bluebook (online)

29 N.Y. Sup. Ct. 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/story-v-dayton-nysupct-1880.