Legal Opinion

De Camp v. . Thomson

New York Court of Appeals

Decided June 6, 1899PublishedCited by 18 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1898, affirming a judgment in favor of defendants entered upon a decision-of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the' opinion. On the facts found in the decision the plaintiff should have had judgment, with costs against defendants Dix and Thomson.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1898, affirming a judgment in favor of defendants entered upon a decision-of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the' opinion. On the facts found in the decision the plaintiff should have had judgment, with costs against defendants Dix and Thomson. (Nicoll v. Nicoll, 16 Wend. 446 ; Martin v. Kanause, 17 How. Pr. 149 ; 9 Abb. Pr. 370 ; 37 N. Y. 396 ; 22. Hun, 584.) The plaintiff had no adequate remedy at law.…

1Opinion of the CourtMartin, J.

On the twenty-ninth day of June, 1896, the plaintiff recovered a judgment against the defendants Dix and Thomson, which determined certain property rights then at issue, and also awarded to the plaintiff $1,805.34 for his costs in that action. From that judgment an appeal was taken to the Appellate Division in the fourth department, where, on the twenty-third day of May, 1897, it was affirmed, with costs, and a judgment of affirmance duly entered. From the last judgment the defendants appealed to the Court of Appeals and gave the undertaking required by section 1327 of the Code of Civil…

2Cases cited10 opinions

  1. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  2. Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
  3. Fera v. . WickhamNew York Court of Appeals · 1892
  4. Martin v. . KunzmullerNew York Court of Appeals · 1867
  5. In Re the General Assignment of HatchNew York Court of Appeals · 1898

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3Cited by18 opinions

  1. Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
  2. Fehlhaber Corp. v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1976
  3. In re the Judicial Settlement of the Account of Proceedings of Central Union Trust Co.New York Surrogate's Court · 1923
  4. Michigan Savings Bank v. MillarAppellate Division of the Supreme Court of the State of New York · 1906
  5. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1960

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