Legal Opinion · Dissent

Shook v. Fox

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 1908Published

Appeal by the plaintiffs, John W. Shook and another, from a judgment of the Supreme Court in favor of the defendant Catherine Fox, entered in the office of the clerk of the county of Rensselaer on the 26tli day of October, 1907, upon the decision of the court, rendered after a trial at the Rensselaer Trial Term, a jury having been waived, dismissing the complaint.

1Dissent

Kellogg, J. (dissenting):

The judgment appealed from rests substantially upon the evidence of Kirkpatrick, a witness now deceased, whose testimony was taken on behalf of the defendant Fox, under section 871 of the Code of Civil Procedure, in an action of ejectment brought by the father of the plaintiffs against her.

The defendant Fox was in possession under one Striker, the former owner, and she claimed to own the property by virtue of a conveyance or agreement from him. The plaintiffs claimed that Striker owned the property at the time of his death, and that by his will their father was given…

2Cases cited15 opinions

  1. Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
  2. Griswold v. . SawyerNew York Court of Appeals · 1891
  3. Campbell v. . HallNew York Court of Appeals · 1858
  4. Young v. . ValentineNew York Court of Appeals · 1904
  5. Masten v. . OlcottNew York Court of Appeals · 1886

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API