Legal Opinion

Jimeson v. Pierce

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

Decided July 1, 1902PublishedCited by 18 opinions

Appeal by the defendants, Ira Pierce and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19tli day of November, 1901, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the defendants’ demurrer to the complaint, and also from an order made at the Erie Special Term and entered in said clerk’s office on the 16th day of November, 1901,…

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Appeal by the defendants, Ira Pierce and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19tli day of November, 1901, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the defendants’ demurrer to the complaint, and also from an order made at the Erie Special Term and entered in said clerk’s office on the 16th day of November, 1901, directing the entry of such judgment.

1Opinion of the Court

Williams, J.:

The judgment and order should be affirmed, with costs, with leave to plead over.

The action was brought to recover possession of real property on the Cattaraugus Indian reservation, Erie county, and to enforce a judgment of the Peace Makers Court of said reservation.

The complaint alleges that all the parties are Seneca Indians; that the plaintiff is the widow of Thomas Jimeson, deceased, and sixty-four - years of age-; that said deceased was a Seneca Indian, ■and died on said reservation September 16, 1890; that he left him surviving, besides his widow, the following children:…

2Cases cited3 opinions

  1. Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
  2. Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
  3. Wilbor v. . DanoldsNew York Court of Appeals · 1875

3Cited by18 opinions

  1. George v. PierceNew York Supreme Court · 1914
  2. Peters v. TallchiefAppellate Division of the Supreme Court of the State of New York · 1907
  3. States v. Seneca Nation of New York IndiansDistrict Court, W.D. New York · 1921
  4. Hatch v. LuckmanAppellate Division of the Supreme Court of the State of New York · 1913
  5. Hatch v. LuckmanNew York Supreme Court · 1909

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