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Philipe v. Levy

56 N.Y. Super. Ct. 606 24 Jones & S. 606 Court N.Y. Super. Ct. Decision date 1888-06-20 English

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p. 606
Antonio Philipe, Appellant v. Boas Levy, et al., Respondents.
Decided June 20, 1888.

Headnote

Appeal by Ann M. Philipe, executrix of the will of Antonio Philipe, denying her motion to open a default taken against Antonio Philipe in his lifetime, and for leave to prosecute the action and to defend and contest the validity of a counterclaim contained in the answer.
Marsh, Wilson & Wallis, for appellant. L. Edgar Aron and H. Morrison, for respondents.
Before Sedgwick, Ch. J., and Truax, J.

The papers showed that the appellant qualified as executrix in Alabama ; that she had never taken out letters in this state, and that she had not been substituted as a party to the action. (Truax, J., writing), held “ that the appeal should be dismissed.” (Sedgwick, Ch. J., writing), held “ that the order should be affirmed or the appeal dismissed at the option of the respondents.”