Villaume v. Nelson
This text of 247 A.D. 761 (Villaume v. Nelson) 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.
Opinion
In supplementary proceedings under a judgment against executors in their representative capacity, order denying motion to vacate subpoena reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion, the recent amendment to the Civil Practice Act, relating to supplementary proceedings (Laws of 1935, chap. 630), has not changed the effect of the rulings in Collins v. Beebe (54 Hun, 318) and Jones v. Arkehburgh (112 App. Div. 483) that supplementary proceedings may not be maintained against executors or administrators in their representative capacity. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur. [See ante, p. 757.]
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
247 A.D. 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villaume-v-nelson-nyappdiv-1936.