Hynes v. McDermott
New York Court of Common Pleas
Appeal from a judgment of this court entered upon a verdict for the plaintiffs, and from an order denying a motion for a new trial, made upon the judge’s minutes. This was an action of ejectment for premises situated in the City of New York, and for the recovery of mesne profits. The plaintiffs claimed as the widow and children of William R. Hornes, who died, seized of the premises in question, and intestate.
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Appeal from a judgment of this court entered upon a verdict for the plaintiffs, and from an order denying a motion for a new trial, made upon the judge’s minutes. This was an action of ejectment for premises situated in the City of New York, and for the recovery of mesne profits. The plaintiffs claimed as the widow and children of William R. Hornes, who died, seized of the premises in question, and intestate. The defendants denied the validity of the marriage of William R. Ilynes alleged by the plaintiffs, and claimed the premises, two of them as his sisters and heirs at law, the others as…
1Opinion of the CourtLarremore, J.
The plaintiffs, as widow and heirs at law of William B. Hynes, deceased, brought suit in ejectment, and for the recovery of mesne profits, of premises situated on the north-easterly corner of Madison avenue and Twenty-seventh street, in the city of New York.
The action was originally commenced against the tenants *11in possession, and was subsequently amended by the joinder of the heirs at law of the deceased intestate, the acknowledged owner of the premises in dispute. The main question to be decided is that which relates to the marriage between the parties, and the legitimacy of the children as…
2Cases cited6 opinions
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- Clayton v. . WardellNew York Court of Appeals · 1850
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Van Wyck v. . McIntoshNew York Court of Appeals · 1856
- Bissell v. BissellNew York Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bolmer v. EdsallNew Jersey Court of Chancery · 1919
- Pollock v. PollockNew York Court of Common Pleas · 1894
- Kummer v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1893
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897