Townsend v. . Van Buskirk
New York Court of Appeals
Appeal from an order and judgment of the - Appellate Division of the Supreme Court in the second judicial department, entered December 6, 1897, reversing an interlocutory judgment in favor of plaintiff and certain of the defendants, entered upon a decision of the court on trial at Special Term, g.nd granting a new trial. This action was brought to partition certain real estate of which one Thomas W. Townsend died seized.
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Appeal from an order and judgment of the - Appellate Division of the Supreme Court in the second judicial department, entered December 6, 1897, reversing an interlocutory judgment in favor of plaintiff and certain of the defendants, entered upon a decision of the court on trial at Special Term, g.nd granting a new trial. This action was brought to partition certain real estate of which one Thomas W. Townsend died seized. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtMartin, J.
The appeal to this court is from an order and judgment of the Appellate Division which reversed an interlocutory judgment awarding partition and granted a new trial. By the record we also find that the defendants gave notice of motion for a new trial on the exceptions which was served when they appealed from the judgment. Both may have been heard by the Appellate Division at the same time, but if so the record fails to show that fact. We find in the order of reversal no reference to the motion for a new trial, nor any indication that any disposition was made of the exceptions sought to be…
2Cases cited4 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Raynor v. . RaynorNew York Court of Appeals · 1883
- Tilton v. . VailNew York Court of Appeals · 1889
- King v. . BarnesNew York Court of Appeals · 1887
3Cited by3 opinions
- In Re the Estate of HolmesNew York Court of Appeals · 1943
- In re the Estate of ZietzNew York Surrogate's Court · 1954
- In Re the Estate of HolmesNew York Court of Appeals · 1943