Legal Opinion · Dissent

Ramapo Manufacturing Co. v. Mapes

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

Decided February 28, 1913Published

Appeal by the defendant, Julia Pierson Mapes, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Rockland on the 21st day of November, 1912, denying the defendant’s motion to amend a judgment theretofore entered herein to conform to the verdict.

1Dissent

Burr, J. (dissenting):

I dissent. “A verdict * * * in favor of the plaintiff, in an action specified in this article, must specify the estate of the plaintiff in the property recovered, whether it is in fee, or for life, or for a term of years, stating for whose life it is, or specifying the duration of the term, if the estate is less than a fee.” (Code Civ. Proc. § 1519.) The “ article ” referred to in said section is article 1 of title 1 of chapter 14 of said Code, entitled “ Action to recover real property.” This was an action of such a character, and upon the trial thereof the jury…

2Cases cited3 opinions

  1. Steele v. HammondAppellate Division of the Supreme Court of the State of New York · 1910
  2. Shanley v. MurtyAppellate Division of the Supreme Court of the State of New York · 1909
  3. Meehan v. DobsonNew York Supreme Court · 1911

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