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New York Supreme Court, 1889

In re Marshall

In re Marshall
New York Supreme Court · Decided December 2, 1889 · Brunt
7 N.Y.S. 861; 5 Silv. Sup. 264; 27 N.Y. St. Rep. 889; 1889 N.Y. Misc. LEXIS 1346 (New York Supplement)

Counsel

T. F. Neville, for appellants. G. L. Sterling, for respondent.

In re Marshall

Opinion of the Court

Van Brunt, P. J.

The denial of this motion seems to have been fully jus_ tified by the principles laid down in Re Roberts, 6 N. Y. Supp. 195, (decided by this court on the 9th of July, 1889,) where it was held that this was a special proceeding, and that, under the rule applied in Leavy v. Gardner, 63 N. Y. 624, it was entirely abated by the decease of the petitioner. The order should be affirmed, with $10 costs and disbursements. All concur.

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