Legal Opinion

Jackson ex dem. Gorman v. Hooker

New York Supreme Court

Decided October 15, 1825PublishedCited by 1 opinion

Ejectment for part of lot No. 94, in the town of Trnxton, (late Fabius) in the county of Cortland, tried at the 7 x * J 7 Cortland circuit, the 29th and 30tli of June, 1824. before Walworth, C. Judge. A verdict was found for the defendant; and a motion was now made for a new trial, on grounds which are sufficiently stated in the opinion of the Court.

1Opinion of the Court

Curia, per Sutherland, J.

This is an application on the part of the plaintiff, for a new trial, on the ground of surprise, and also of newly discovered evidence. The action was brought to recover possession of a part of lot No. 94, in the town of Truxton, (formerly Fabius,) in the county of Cortland. The lot was patented to Richard Gorman, a soldier in the New York line, during the revolutionary war. The lessors of the plaintiff were the children of James Gorman, who they contend, was the brother, and heir at law, of Richard. Whether he was, or was not so, was the turning point in the cause.

The…

2Cases cited3 opinions

  1. Jackson ex dem. Wolcott v. CrosbyNew York Supreme Court · 1815
  2. Jackson ex dem. Rowley & Smith v. KinneyNew York Supreme Court · 1817
  3. Jackson ex dem. Gardner v. LairdNew York Supreme Court · 1811

3Cited by1 opinion

  1. Consolidated Ice Co. v. MayorAppellate Division of the Supreme Court of the State of New York · 1900

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