Smith v. McMillan
New York Supreme Court
Appeal from Washington county court.. Action by Russell C. Smith against Mary McMillan for trespass. From a judgment for plaintiff after overruling a motion for nonsuit, defendant appeals.
1Opinion of the CourtPutnam, J.
We are of the opinion that the court below should have granted the motion of defendant, made, at the close of the trial, to dismiss the complaint on the ground that, in a former action brought by the plaintiff against the defendant for the same in*25jury alleged in the complaint herein, defendant recovered a judgment on the merits against the plaintiff. It was not denied by respondent that he had in 1893 brought an action before one Burpee, a justice of the peace, for the same trespass for which he seeks now to recover. The proceedings in that action, as set out in the docket of the justice,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Elwell v. M'QueenNew York Supreme Court · 1833
- Hess v. BeekmanNew York Supreme Court · 1814
- Seaman v. WardNew York Court of Common Pleas · 1856
- Blum v. HartmanNew York Court of Common Pleas · 1869
3Cited by3 opinions
- Miller v. International Railway Co.New York Supreme Court · 1907
- Brown v. Mathewson, New York County Courts1911
- Yanz v. GradNew York Supreme Court · 1914