Ex Parte Simons

Citations

• 247 U.S. 231
• 38 S. Ct. 497
• 62 L. Ed. 1094
• 1918 U.S. LEXIS 1904

Syllabus

<p>Plaintiff brought an action for damages in two counts against executors, in the District Court in New York, the first count alleging a promise of the testatrix to bequeath a certain sum in return for plaintiff’s services, and the second her promise to pay their reasonable value. On motion the first count was ordered transferred to the equity docket, lipón the ground that by the law of New York it could not be entertained at. law. field, that this was an error, depriving plaintiff of the right oLtriál By jury, and properly rectified by mandamus.</p> <p>Rule absolute.</p>