Legal Opinion

Saranac Land & Timber Co. v. Roberts

District Court, N.D. New York

Decided April 5, 1921Published

At Law. Action by the Saranac Land & Timber Company against James A. Roberts, as Comptroller of the State of New York. On motion by defendant to vacate an order granting a new trial.

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At Law. Action by the Saranac Land & Timber Company against James A. Roberts, as Comptroller of the State of New York. On motion by defendant to vacate an order granting a new trial. This is a motion by the defendant, as comptroller of the state of New York, for an order declaring an order made by Judge Alfred C. Coxe, February 7, 1901, then sitting in the District Court and Circuit Court, Northern District of New York, and' granting a new trial of the action, which is in ejectment, a fraud upon the law and abandoned, and also to reinstate the judgment as thougn such order granting a new…

1Opinion of the Court

RAY, District Judge.

On a fair trial of this action in the United States Circuit Court in March, 1896, the defendant had judgment dismissing plaintiff’s complaint on the merits. Judgment was entered February 17, 1898, accordingly. The plaintiff appealed, and by successive stages in the prosecution of such appeal reached the Supreme Court of the United States, in which court the judgment of the Circuit Court was in all things affirmed. 177 U. S. 318, 20 Sup. Ct. 642, 44 L. Ed. 786. The mandate of the Supreme Court of the United States was sent down, and its judgment made the judgment of the…

2Cases cited9 opinions

  1. Saranac Land & Timber Co. v. Comptroller of New YorkSupreme Court of the United States · 1900
  2. Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
  3. Saranac Land and Timber Co. v. . RobertsNew York Court of Appeals · 1913
  4. De Lancey v. . PiepgrasNew York Court of Appeals · 1894
  5. Cunningham v. City of MilwaukeeWisconsin Supreme Court · 1860

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