Burr v. Bigler
New York Supreme Court
Appeal from a j ndgment. This action was by Henry A. Burr and William H. Riblet, assignees of George Colyer and Thomas Dugard, against James Bigler for certain equitable relief, and to remove a cloud on plaintiffs’ title to a tract of land, and to certain water-rights in the neighborhood of Eleventh Avenue and Twenty-seventh Street, Hew York city.
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Appeal from a j ndgment. This action was by Henry A. Burr and William H. Riblet, assignees of George Colyer and Thomas Dugard, against James Bigler for certain equitable relief, and to remove a cloud on plaintiffs’ title to a tract of land, and to certain water-rights in the neighborhood of Eleventh Avenue and Twenty-seventh Street, Hew York city. The defendant recovered a judgment in the Supreme Court against George Golyer and Thomas Dugard for $3,116.68, which judgment was entered and docketed in the county of Orange, where the judgment-roll was filed, on the 2d day of October, 1857. A…
1Opinion of the Court
By the Court.—Sutherland, P. J.
After a very careful examination of this case, I have come to the conclusion, that the judgment of the special term must be affirmed, on the ground that the plaintiffs were bound by the order of the 5th of July, 1859, and the order of the general term, affirming that order, although they might not have been nominally or technically parties to the motion on which that order was made, or to the appeal from it to the general term. I think the plaintiffs must be deemed to have been estopped by those orders from bringing this action, and in it raising the questions…
2Cases cited2 opinions
- Bates v. StantonThe Superior Court of New York City · 1852
- Monroe v. DelavanNew York Supreme Court · 1857
3Cited by1 opinion
- Byrne v. CrooksCity of New York Municipal Court · 1885