Betsinger v. Chapman
New York Supreme Court
Appeal from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. This action was brought by the plaintiff against the defendants, as administrators of the estate of Peter Betsinger, deceased, to recover her distributive share of his estate as his widow, under sections 9 and 10, title 6, chapter 6, part 2 of the Revised Statutes.
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Appeal from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. This action was brought by the plaintiff against the defendants, as administrators of the estate of Peter Betsinger, deceased, to recover her distributive share of his estate as his widow, under sections 9 and 10, title 6, chapter 6, part 2 of the Revised Statutes. The plaintiff claimed that she was married to the defendants’ intestate on the 24th day of May, 1863, while the defendants claimed that the marriage did not take place until January 20,1864, and that prior…
1Opinion of the Court
Boardman, J.:
This action was first tried before a justice of this court without a jury. The judgment rendered upon that decision was reversed upon the facts and a new trial granted. It was then the duty of this court to review the findings of facts and to reverse if it *17believed them erroneous. The case has been again tried, this time before a jury, and a verdict rendered for the plaintiff. An appeal is now taken from an order of the court refusing to grant a. new trial. A different rule now controls the disposition of this last appeal. Before, we were at liberty to weigh the evidence and…
2Cases cited7 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Keteltas v. . KeteltasNew York Court of Appeals · 1878
- Dickins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1861
- Slosson v. LynchNew York Supreme Court · 1864
- Dewey v. GoodenoughNew York Supreme Court · 1865
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