Barson v. Mulligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 28th day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of April, 1902, denying the defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal an…
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Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 28th day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of April, 1902, denying the defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal an order made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 27th day of…
1Opinion of the Court
McLaughlin, J. :
This action was in ejectment. At the conclusion of the trial the court directed a verdict for the plaintiffs upon the issues involved, except as to the damages claimed, which question was submitted to the jury, and it having reported in favor of the plaintiffs in a specified sum, which was doubled by the court, judgment was entered from which defendants have appealed.
There have been two trials of the action. On the former, plaintiffs had a judgment which, on appeal to this court, was reversed and a new trial ordered. (Barson v. Mulligan, 66 App. Div. 486.) The facts…
2Cases cited5 opinions
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Hastings v. PalmerNew York Supreme Court · 1838
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1901
- Fox v. MatthiessenNew York Supreme Court · 1895
- Mutual Life Insurance v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Mulligan v. WetchlerAppellate Division of the Supreme Court of the State of New York · 1972
- Pieniewski v. BenbenekAppellate Division of the Supreme Court of the State of New York · 1977
- Barson v. MulliganNew York Supreme Court · 1904
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1905
- Brook Iron Works, Inc. v. CohenCity of New York Municipal Court · 1930
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