¶1The 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.”
24 Jones & S. 606
Philipe v. Levy
The Superior Court of New York City
Decided June 20, 1888
The Superior Court of New York City · decided 1888-06-20
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.
Decided 1888-06-20