Legal Opinion

Jacob v. Town of Oyster Bay

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1905No. 2PublishedCited by 3 opinions

Appeal by the petitioner, Leonard Jacob, from an order of the County Court of ¡Nassau county, entered in the office of the clerk of the county of ¡Nassau on the 21st day of September, 1904, dismissing the appellant’s petition.

1Opinion of the Court

Jenks, J.:

The learned County Court held that the plea of res adjudicata based upon the final order in Town of Oyster Bay v. William H. Jacob was good, and dismissed the petition. The record in that proceeding was read in evidence. The final order therein is affirmed by us at this term of the court. In Town of Oyster Bay v. Jacob (109 App. Div. 613) the petition was based upon the right of possession to the premises known as East Beach. It was alleged that on March 30, 1904, Mr. William H. Jacob had forcibly entered the premises, and thereupon and thereafter was in forcible detainer of them.…

2Cases cited4 opinions

  1. Matter of Estate of StrautNew York Court of Appeals · 1891
  2. Thorn v. . De BreteuilNew York Court of Appeals · 1904
  3. Town of Oyster Bay v. JacobAppellate Division of the Supreme Court of the State of New York · 1905
  4. Stearns v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. Shamlian v. WellsCalifornia Supreme Court · 1925
  2. Flynn v. Colonial Discount Co.City of New York Municipal Court · 1933
  3. Fish v. VanderlipAppellate Division of the Supreme Court of the State of New York · 1915

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