De Forest v. . Walters
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered June 19, 1894, which affirmed a judgment in favor of the defendants entered upon a decision of the court on trial at Circuit without a jury, and also affirmed an order setting aside a verdict previously rendered in favor of the plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered June 19, 1894, which affirmed a judgment in favor of the defendants entered upon a decision of the court on trial at Circuit without a jury, and also affirmed an order setting aside a verdict previously rendered in favor of the plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. All the issues of fact in this action were triable by the jury as matter of legal right, and, after a general verdict in favor of the plaintiff, the judge, at…
1Opinion of the CourtO’Brien, J.
This was an action of ejectment, in which the plaintiff demanded judgment for the recovery of the possession of a parcel of land, or land under water, described in the complaint as a parcel seventy by one hundred feet, situated at Cold Spring Harbor, in the town of Huntington, Suffolk county. The defendant Walters, who was in possession, was the sole original defendant, and in his answer, after admitting that he was in possession, denied all the other allegations of the complaint. He further alleged that he was in possession under a written lease to him by the town of Huntington, the real…
2Cases cited6 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Smith v. . ReidNew York Court of Appeals · 1892
- Sprague v. . CochranNew York Court of Appeals · 1894
- Schoener v. . LissauerNew York Court of Appeals · 1887
- Reitz v. . ReitzNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Hart v. BlabeyNew York Court of Appeals · 1942
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- Nease v. Hughes Stone Co.Supreme Court of Oklahoma · 1925
- State v. LorenzWashington Supreme Court · 1900
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