Nobis v. Pollock
New York Supreme Court
Appeal from a judgment of the special term. This was an action to foreclose a mechanics’ lien. The action was brought by Charles T. ISTobis against William J. Pollock, Louisa Pollock, Derrick W. Haynes and Jacob R. Shotwell, as -trustee, etc., and joined as defendants were lienors as follows: William E. D. Vincent, Frank ' Shepard, Jasper Corning, August Ingwersen, Charles.Lowen, Edward E. Halliday and John Pressinger.
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Appeal from a judgment of the special term. This was an action to foreclose a mechanics’ lien. The action was brought by Charles T. ISTobis against William J. Pollock, Louisa Pollock, Derrick W. Haynes and Jacob R. Shotwell, as -trustee, etc., and joined as defendants were lienors as follows: William E. D. Vincent, Frank ' Shepard, Jasper Corning, August Ingwersen, Charles.Lowen, Edward E. Halliday and John Pressinger. A trial was had at the special term, and the plaintiff submitted proposed findings of fact and conclusions of law which the judge adopted and signed th'em as findings of fact…
1Opinion of the CourtVan Brunt, P. J.
Upon an examination of the case as presented, it appears that there has been no compliance with the provisions of Code Civ. Pro. § 1022, requiring the court, upon a trial of the whole issue of fact, to state separately the facts found and the conclusions of law.
The learned court, in this case, has apparently filed a decision containing certain facts found and certain conclusions of law. But, upon an investigation in separate parts of the case, we find that he has found other facts appar*282ently upon the request of one of the parties, and has not embraced them in his decision, which is filed.…
2Cases cited13 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
- Coit v. TracySupreme Court of Connecticut · 1830
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3Cited by4 opinions
- Livingston v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891
- Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891
- Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891
- Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891