In re the Estate of Knoop — 33 N.Y. St. Rep. 984

Majority

p. 984

In the Matter of the Estate of Anna Knoop.

(Surrogate’s Court, New York County,

Filed June, 1890.)

Headnote

Jurisdiction—Of city court of New York of actions against executors AND ADMINISTRATORS.

Since chap. 441 of the Laws of 1889, the city court of New York has had jurisdiction of actions against executors and administrators.

Application for leave to issue executions on certain judgments of the city court of New York, recovered against the executors of Anna Knoop.

Peter Cook, for motion; Frederick H. Ernst, opposed.

Section 816 of the Code of Civ. Pro., as it stood - previously to the enactment of chaji. 441 of. the Laws of 1889, prescribed that its third subdivision should operate as a limitation and restriction upon the first subdivision of § 815, and thus plainly recognized that said first subdivision would have conferred by its terms jurisdiction upon the marine (now city) court to entertain an action against an executor or administrator in the absence of such limitation or restriction. The limitation has been removed by the chapter mentioned, and I have no doubt that since the city court, which has succeeded to the jurisdiction of the marine court, had complete power to render the judgments which have been attacked.

Application granted.