Evans v. . Cleveland
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. It was discretionary with the judge at Special Term whether to refuse or allow this action to be continued. (Beach v. Reynolds, 53 N. Y., 3; Stewart v. Jones, 38 N. Y. Supr. Ct. R., 366; Soher v. Fargo, 47 How.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. It was discretionary with the judge at Special Term whether to refuse or allow this action to be continued. (Beach v. Reynolds, 53 N. Y., 3; Stewart v. Jones, 38 N. Y. Supr. Ct. R., 366; Soher v. Fargo, 47 How. Pr., 288; 1 Hun, 312.) This action comes within chapter 733, Laws of 1871, and must be brought within one year after the cause of action…
1Opinion of the CourtEarl, J.
This action was commenced by Amelia T. Bucldand, April 17, 1874, to recover damages for the conversion of personal property by the defendant in December, 1873. The defendant justified the taking of the property as sheriff of Erie county, under certain attachments and executions.
The original plaintiff died December 8, 1874, after the cause was at issue, leaving a will. Letters testamentary were issued to the present plaintiff, and she qualified as executrix on the 9th day of February, 1875. On the 18th day of December, 1876, more than eighteen months after her qualification as executrix, the…
2Cases cited2 opinions
- Beach v. ReynoldsNew York Court of Appeals · 1873
- Benjamin's Executors v. SmithNew York Supreme Court · 1837
3Cited by25 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Lyon v. . ParkNew York Court of Appeals · 1888
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Barrell v. Title Guarantee Co.Oregon Supreme Court · 1895
- Pringle v. . Long Island R.R. Co.New York Court of Appeals · 1898
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