Sacia v. . O'Connor
New York Court of Appeals
Appeal from. an order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term, denying a motion for a new trial under the statute (2 E. S., 309) in an action of ejectment. The facts appear sufficiently in the opinion.
1Per curiam
We think that the papers upon which the application for a new trial in this action is founded do not establish facts which authorize the granting of the motion.
The application is made on the behalf of the defendant and of one Josiah Lockwood. The interest of Lockwood is stated to have been derived from one Byrnes, who, it is alleged, was the landlord of the premises under whom the defendant was in possession. The right of Lockwood is expressly controverted by the opposing affidavit, and it is alleged that Lockwood has no lawful title or claim, and that he is neither heir or assignee of the…
2Cited by1 opinion
- Roberts v. . BaumgartenNew York Court of Appeals · 1891