Villaume v. Nelson

Appellate Division of the Supreme Court of New York

Villaume v. Nelson

247 A.D. 761

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1936·Published·Cited by 2 cases

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.]

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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.]

Villaume v. Nelson, 247 A.D. 761 (N.Y. Ct. App. 1936).

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