Hyatt v. Bates
New York Supreme Court
PPEAL from an order made at a special term, ordering judgment for the defendants upon a demurrer to the complaint, and directing the complaint to be dismissed with costs.
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PPEAL from an order made at a special term, ordering judgment for the defendants upon a demurrer to the complaint, and directing the complaint to be dismissed with costs. The complaint alleged that, on or about the year 1831, the plaintiff purchased and entered into the possession of the south half of lot number seventy-one, in township number eight, first range of townships in Phelps and Glorham’s purchase, and has been in the actual occupation of the said premises ever since, and is still in the occupancy and possession thereof; that at the time he purchased and took the possession of said…
1Opinion of the Court
By the Court, Johnson, J.
It is apparent upon the face of the complaint, that the precise matter presented for adjudication in this action has been once tried before another tribunal, and determined against the plaintiff. That the tribunal before which the matter was so tried had complete jurisdiction of the subject, and jn’oceeded by regular process, cannot well be denied. It is a tribunal created by statute, for the express purpose of trying and determining just such matters, and no other. I do not see, therefore, why the question is not res judicata, as to any new action involving an…
2Cases cited5 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Birdsall v. PhillipsNew York Supreme Court · 1837
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
- Bronson v. MannNew York Supreme Court · 1816
3Cited by10 opinions
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Greenup v. CrooksIndiana Supreme Court · 1874
- Kelsey v. WardNew York Supreme Court · 1863
- People ex rel. Bliss v. Board of SupervisorsNew York Supreme Court · 1891
- Warner v. MyersClackamas County Circuit Court, Oregon · 1870
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