Graham v. Ackley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Eliza Graham, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 9th day of June, 1897, dismissing her complaint for want of prosecution; also from a judgment entered in said clerk’s office on the 18th day of June, 1897, dismissing said complaint and vacating and canceling a Us pendens filed in the action ; also, from an order made at the Yew York Special…
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Appeal by the plaintiff, Mary Eliza Graham, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 9th day of June, 1897, dismissing her complaint for want of prosecution; also from a judgment entered in said clerk’s office on the 18th day of June, 1897, dismissing said complaint and vacating and canceling a Us pendens filed in the action ; also, from an order made at the Yew York Special Term and entered in'said clerk’s office on the 18th day of June, 1897, making said order of Jurie ■ 9, 1897, absolute,…
1Opinion of the Court
Rumsey, J. :
The action was ejectment and the complaint contained the usu’al allegations. The answer was peculiar in its structure and consiste/! of a denial, upon information and belief, of the plaintiff’s title; ah admission that the- defendant is in possession and occupancy of-the premises, but a dénial that his possession is unlawful. Issue was joined by service of this answer about the 1st of June, 1894. 1 Yo steps seem to have been taken by either party to bring the case to trial, and it appears, and is not disputed, that younger issues than this had been reached in their regular order…
2Cited by2 opinions
- Russell v. Texas Transport & Terminal Co.Court of Appeals for the Second Circuit · 1929
- Tuttle v. Dubuque Fire & Marine Insurance of DubuqueAppellate Division of the Supreme Court of the State of New York · 1913