New York Supreme Court, 1880

Story v. Dayton

New York Supreme Court · Decided October 15, 1880 · Charged, Costs, Event, Hardin, Should, Smith, Talcott, That, Their

29 N.Y. Sup. Ct. 450

Counsel

Wilkes Angelí, for the appellant; A. G. JRiee, of counsel., Loveridge cfo Swift, for the respondents.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.