Fisher v. . Hepburn
New York Court of Appeals
Appeal from order of the General Term of the first judicial district, affirming order of Special Term, vacating judgment in favor of plaintiff. This action was commenced to compel the determination of claims to certain real property situated in the city of How York. The summons was in the usual form for relief, and was dated in October, 1862. It was soon thereafter served upon all the defendants.
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Appeal from order of the General Term of the first judicial district, affirming order of Special Term, vacating judgment in favor of plaintiff. This action was commenced to compel the determination of claims to certain real property situated in the city of How York. The summons was in the usual form for relief, and was dated in October, 1862. It was soon thereafter served upon all the defendants. One of the defendants resided in California, and the summons was served upon him by publication, and he appeared and answered. All the defendants appeared in the action but one, and all those who…
1Opinion of the Court
Earl, C.
At the Special Term. Mr. Justice Ingraham: wrote a brief opinion, which seems to have been adopted by the majority of the court at General Term, in which he said: “ I think it very doubtful whether any such action can be maintained as was brought in this case. The only proceeding for such a purpose is under the Revised Statutes, and not an action; and the proceeding can only be to compel a determination upon a claim which any other person may make to an estate, and not against persons claiming distinct parcels of the estate, so as to include all in one judgment. In the complaint, the…
2Cases cited6 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- The People v. . SturtevantNew York Court of Appeals · 1853
- Bangs v. . DuckinfieldNew York Court of Appeals · 1859
- Burnham v. . OnderdonkNew York Court of Appeals · 1869
- Fosgate v. . the Herkimer Manufacturing and Hydraulic Co.New York Court of Appeals · 1855
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3Cited by44 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Dahlgren v. Superior CourtCalifornia Court of Appeal · 1908
- National Surety Co. v. S. H. Hanson Builders' Supply Co.Supreme Court of Oklahoma · 1917
39 more not listed; retrieve them via the Exa API.