Argued March 14, 1882
Decided March 24, 1882
George B. Bradley for appellants.
H. Boardman Smith for respondents.
EARL, J., reads for dismissal of appeal.
All concur, except DANFORTH, J., who takes no part, and TRACY, J., absent.
Appeal dismissed.
Full title:ELIJAH B. SMITH et al., Appellants, v . JOHN T. RATHBUN et al. Respondents
Court:Court of Appeals of the State of New York
Date published: Mar 24, 1882
As the theory of the action is that the plaintiff stands in the shoes of the inert executor, the action is…