Swift v. Blair's

New York Supreme Court

Swift v. Blair's

12 Wend. 278

CourtNew York Supreme Court

DecidedMarch 5, 1835

StatusPublished

Cited by6 cases

This text of 12 Wend. 278 (Swift v. Blair's) 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

Swift v. Blair's, 12 Wend. 278 (N.Y. Super. Ct. 1835).

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Opinion

[279]*279 By the, Court,

Savage, Ch. J.

An executor or administrator is not bound to arbitrate; he can only be asked to refer, in the manner prescribed by the statute. This motion, therefore, must be denied. When it is sought to subject an executor or administrator to costs, inasmuch as they must come out of his own pocket, if granted, for it is only for neglect of duty that he can be subjected to costs, the party asking for the rule must bring himself strictly within the statute.

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[279]*279 By the, Court,

Savage, Ch. J.

An executor or administrator is not bound to arbitrate; he can only be asked to refer, in the manner prescribed by the statute. This motion, therefore, must be denied. When it is sought to subject an executor or administrator to costs, inasmuch as they must come out of his own pocket, if granted, for it is only for neglect of duty that he can be subjected to costs, the party asking for the rule must bring himself strictly within the statute.

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Bluebook (online)

12 Wend. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-blairs-nysupct-1835.

Opinion

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