Wood v. . Phillips
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fifth judicial district, granting a new trial on a verdict and exceptions directed to he heard in the first instance at the General Term.
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Appeal from an order of the General Term of the Supreme Court, in the fifth judicial district, granting a new trial on a verdict and exceptions directed to he heard in the first instance at the General Term. This action was brought for an assault and battery alleged to have been committed by the defendants upon the plaintiff1. In 1803, Thadeus M. Wood and George Hall, deeded certain lands on Onondaga Hill to the supervisors of Onondaga county and their successors in office, so long as they should continue to use them for court-house purposes, and with a condition that when they should cease…
1Opinion of the CourtFolger, J.
The following appears to have been the relations of the parties to each other, and to the disputed premises, at the time of the transaction, which is the alleged cause of action in .this case. By force of a valid adjudication upon her rights, the- plaintiff was the owner in fee at that time of an undivided interest in them, and was, of course, a tenant in common with other owners. We may ascertain the legal position of the defendant with certainty sufficient for the purposes of this case, without ¡oassing upon the right of the legislature, to confer power upon the trustees of school…
2Cases cited5 opinions
- Willard v. WarrenNew York Supreme Court · 1837
- Erwin v. OlmstedNew York Supreme Court · 1827
- Jackson ex dem. Bratt v. TibbitsNew York Supreme Court · 1828
- People ex rel. Gault v. Van NostrandNew York Supreme Court · 1832
- Estes v. KelseyNew York Supreme Court · 1832
3Cited by37 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Fults v. . MunroNew York Court of Appeals · 1911
- Miller-Brent Lumber Co. v. StewartSupreme Court of Alabama · 1909
- Cohen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1908
- Cherno v. Bank of BabylonNew York Supreme Court · 1967
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