Bryon v. Bryon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William J. Bryon and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, bearing date the 13th day of Hay, 1909, and entered in the office of the clerk of the county of Nassau upon an order made at the Kings County Special Term on the 7th day of May, 1909, and entered in said clerk’s office, and also from the said order directing the entry of the interlocutory judgment.
1Opinion of the Court
Order and interlocutory judgment affirmed, with costs, on the opinion of Mr. Justice Stapleton at Special Term.
Jenks, Buee and Rich, JJ., concurred; Hieschbeeg, P. J., and G-aynoe, J., dissented.
*321The following is the opinion delivered at Special Term :
Stapleton, J.:
This is an action for dower. The application is to the Special Term for judgment upon the pleadings under the provisions of section 547 of the Code of Civil Procedure.
An inspection of the pleadings reveals no tender of an issue of fact and the duty to render the judgment required by the law applicable to the conceded facts is…
2Cases cited8 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- McCurley v. McCurleyCourt of Appeals of Maryland · 1883
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Chase v. WebsterMassachusetts Supreme Judicial Court · 1897
- Robinson v. . GoversNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of GreenNew York Surrogate's Court · 1935
- Jardine v. O'HareNew York Supreme Court · 1910
- Grotsch v. HasseyNew York Supreme Court · 1928
- Hunt v. HuntNew York Supreme Court · 1912
- Monroe County Savings Bank v. YeomanNew York Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.