Staley v. Murray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Michael D. Murray and another, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Fulton on the 7th day of December, 1914, striking out the findings of fact, the exceptions thereto and the judgment in this action and directing a judgment of nonsuit, and also from the said judgment of nonsuit entered in said clerk’s office on the same day pursuant to the said order.
1Opinion of the Court
Kellogg, J.:
The judgment in this action of foreclosure dismissed the plaintiff’s complaint. Another action was brought to foreclose the same mortgage, and the trial court held that the judgment in the former action was an adjudication of the rights of the parties, and that, therefore, the plaintiff could not recover. Thereupon the plaintiff made a motion and obtained the order appealed from at a Special Term held by the judge before whom the first trial was had, striking from the judgment roll in that action the findings and decision, and directing that a judgment of nonsuit be entered in…
2Cases cited3 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Tyndall v. . Pinelawn CemeteryNew York Court of Appeals · 1910
- Keyes v. . SmithNew York Court of Appeals · 1906
3Cited by1 opinion
- Staley v. MurrayAppellate Division of the Supreme Court of the State of New York · 1917