Legal Opinion

Higgins v. O'Donnell

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1938PublishedCited by 1 opinion

1Opinion of the Court

Action in ejectment in which defendant interposed a counterclaim for money damages. The judgment is for the plaintiff on the issue of ejectment, but defendant had judgment on the counterclaim in the sum of $3,000. Judgment modified by striking from the recitals the following: “ and the jury having rendered a verdict as follows: ‘ We, the People of the Jury, agree that the plaintiff, Margaret Higgins, has complete possession of the lots. The Jury also agrees that the building on said lots is to be valued at the sum of $3,000.00;’ ” by inserting in place thereof the words, “ and the jury having…

2Cases cited3 opinions

  1. Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
  2. New York, Ontario & Western Railway Co. v. LivingstonNew York Court of Appeals · 1924
  3. New York Ontario & Western Railway Co. v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1923

3Cited by1 opinion

  1. Roller v. FrankelAppellate Division of the Supreme Court of the State of New York · 1959

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