Nelligan v. Nelligan — 160 N.Y. 690

Majority

p. 690

Maurice Nelligan, Respondent, v. James Nelligan, Appellant.

(Submitted October 9, 1899;

decided October 17, 1899.)

Headnote

Reported below, 30 App. Div. 621 .

Motion to substitute David Nelligan, as executor of Maurice Nelligan, deceased, as respondent herein.

Also motion to place on the preferred calendar the appeal herein from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee.

The motion was made upon the grounds : 1. That the pendency of the appeal prevents a final settlement of an estate. 2. That the executor of Maurice Nelligan, deceased, is sole party plaintiff and respondent herein.

p. 691

Edward N. Jackson, for motion.

Bo one opposed.

Motion for substitution granted and motion to advance denied, without costs.