Jarvis v. American Forcite Powder Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The American Foreite Powder Manufacturing Company, from an order of the Supreme Court, made at •the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of November, 1903, ■denying the defendant’s motion to cancel the notice of Us pendens theretofore filed in this action. -
1Opinion of the Court
O’Brien, J.:
The action was in ejectment in which the plaintiffs filed a notice of Us pendens. After a trial, a verdict of a jury having been rendered in favor of the defendant, a judgment was entered dismissing the complaint upon the merits. The plaintiffs appealed to to this court,' but their appeal was dismissed for failure to prosecute it. The defendant thereafter moved for an order canceling the notice of pendency of the action, which motion was denied, and from the order entered thereon the defendant appeals.
Section 1674 of the Code of Civil Procedure provides that “ after the action is…
2Cases cited2 opinions
- Beebe v. ElliottNew York Supreme Court · 1848
- Doorley v. O'GormanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Rosenthal v. FriedmanNew York Supreme Court · 1908
- Schechter v. RosenNew York Supreme Court · 1957
- Weisinger v. BerfondAppellate Division of the Supreme Court of the State of New York · 1960