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Arnold v. Ladd

28 N.Y. Sup. Ct. 408 Court N.Y. Gen. Term English

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p. 408
RUSSELL G. ARNOLD, Administrator, etc., Appellant, v. PETER B. LADD and another, Respondents.

Motion to dismiss appeal granted, with $10 costs. Held, that as the proper time for the surrogate to adjudge whether a debt exists in a proceeding to sell real estate for payment of debts is after the return of the order' to show cause, the order itself is in the nature of a citation to bring in the proper parties, and is not appealable.