Lessler v. De Loynes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eliza De Loynes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 23d day of May, 1911, upon the verdict of a jury rendered by direction of the court after a trial at the Richmond Trial Term, and also from an order entered in said clerk’s office nunc pro tunc on the 19th day of May, 1911, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This is an appeal from a judgment directed by the court, and if there is evidence in support of the defendant’s contentions, the court erred in not submitting the questions involved to the jury, for in such a situation the defeated party is entitled to the most favorable view which a jury might properly have taken of the evidence. The complaint alleges the death of one Josephine I. Bayaud in Denver, Col., leaving a last will and testament, which was duly admitted to probate in the city of Denver on the 6th day of January, 1908; that under the provisions of this last will and…
2Cases cited3 opinions
- Thorp v. . the Keokuk Coal Co.New York Court of Appeals · 1872
- Baird v. BairdNew York Supreme Court · 1894
- Williams v. WhittellAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Bloodgood v. LynchNew York Court of Appeals · 1944
- Seatree v. CommissionerUnited States Board of Tax Appeals · 1932
- Lessler v. De LoynesAppellate Division of the Supreme Court of the State of New York · 1912