2 Silv. Ct. App. 459
Decided December 3, 1889
New York Court of Appeals · decided 1889-12-03
This action was begun in September, 1863, in the New York superior court, to have a deed set aside as fraudulent. The plaintiff died in 1877, while the action was pending, and nothing was done till 1888, when this motion was made to revive and continue the action. The motion was denied, and on appeal to the general term the order was affirmed.
Relies on Coit v. . Campbell, Etc. · Matter of Palmer
Decided 1889-12-03
¶1The laches in this case was so great that the court, in the exercise of its discretion, could deny the motion, and for this conclusion the cases of Coit v. Campbell, 82 N. Y. 509; Lyon v. Park, 111 Id. 350 ; 19 N. Y. State Rep. 626, and Matter of Palmer, 115 N. Y. 493; 26 N. Y. State Rep. 338, are ample authorities.
¶2There is, therefore, nothing for us to review, and the appeal should be dismissed, with costs.
¶3All concur.