Smith v. Smith
New York Supreme Court
Appeal from an interlocutory judgment, entered upon an order overruling a demurrer to the complaint. The appeal was decided in December, 1880, and tbe decision then made is reported in 20 Hun, .555. In May, 1880, a reargument was. ordered, and thereafter this decision was made. The complaint alleged that the plaintiff was the owner of a lot and building situated in the city of New York. “That the said defendants, on the 10th day of July, 1873, through one G. S. P..
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Appeal from an interlocutory judgment, entered upon an order overruling a demurrer to the complaint. The appeal was decided in December, 1880, and tbe decision then made is reported in 20 Hun, .555. In May, 1880, a reargument was. ordered, and thereafter this decision was made. The complaint alleged that the plaintiff was the owner of a lot and building situated in the city of New York. “That the said defendants, on the 10th day of July, 1873, through one G. S. P.. Stillman, an attorney-at-law, and tbe attorney of the said defendants thereunto duly authorized by them, as this plaintiff is…
1Opinion of the Court
Daniels, J.:
It appears from the complaint that an action was prosecuted by the defendants, as creditors of the plaintiff’s husband, to reach certain property which stood in her name, as the property of her husband, on the ground that her title was fraudulent as to them, The plaintiffs in that action through their attorneys knowing, as it is alleged, the property to be that of the plaintiff in this suit, maliciously and without reasonable or probable cause filed a notice of the pendency of the action, stating therein that the property to be affected was not that of the plaintiff but that it…
2Cases cited7 opinions
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stairs v. PeasleeSupreme Court of the United States · 1856
- Town of Plainfield v. PackerSupreme Court of Connecticut · 1836
- Wilsey v. DennisNew York Supreme Court · 1864
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