Spaulding v. Hallenbeck
New York Supreme Court
MOTION for a new trial, on a case, with exceptions. The action was brought by Ezra Spaulding to recover the possession of a farm of land in the town of Fulton, Schoharie county. During the pendency of the action Ezra Spaulding died, and the action was continued by order of the court in the name of the plaintiffs, who were his heirs at- law.
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MOTION for a new trial, on a case, with exceptions. The action was brought by Ezra Spaulding to recover the possession of a farm of land in the town of Fulton, Schoharie county. During the pendency of the action Ezra Spaulding died, and the action was continued by order of the court in the name of the plaintiffs, who were his heirs at- law. The case was first tried before Justice Hogeboom and a jury, and a verdict was rendered in favor of the plaintiff, which was subsequently set aside and a new trial granted. (See 30 Barb. 292.) The cause was tried again before the same justice and a jury,…
1Opinion of the Court
By the Court,
Miller, J.
I think that, the defendant Hallenbeck was a competent witness to prove the declarations made by the deceased. In McCray v. McCray, (12 Abb. 1-4,) it was decided that the natural and obvious meaning of the words “representatives of a deceased person,” as they *84are used in section 399 of the code, is executors and administrators. That case presented the same question as the one now under consideration, and it is quite clear that the-plaintiffs in this suit were not the representatives of a deceased person, within the meaning of section 399 of the code.
The declarations of…
2Cases cited5 opinions
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Ludlow v. New-York & Harlem RailroadNew York Supreme Court · 1852
- Martin v. BallouNew York Supreme Court · 1852
- Livingston v. SticklesNew York Court of Chancery · 1840
- Spalding v. HallenbeckNew York Supreme Court · 1859
3Cited by4 opinions
- Aumiller v. DashWashington Supreme Court · 1909
- Casper v. WalkerNew Jersey Court of Chancery · 1880
- Collins v. RoweNew York Supreme Court · 1876
- Rose v. AdamsNew York Supreme Court · 1880