O'Dougherty v. Aldrich
New York Supreme Court
Error to the Jefferson common pleas. The plaintiff in error filed a petition in the court below for his portion of certain lands, which, as he alleged, he held in common with eight other persons, to whom the petition was addressed.- The petition stated that Leonard Aldrich died seized of the premises in August, 1831, leaving a widow and eight children, and having made his will, by which he devised an undivided third part of all his property to his wife, and the undivided…
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Error to the Jefferson common pleas. The plaintiff in error filed a petition in the court below for his portion of certain lands, which, as he alleged, he held in common with eight other persons, to whom the petition was addressed.- The petition stated that Leonard Aldrich died seized of the premises in August, 1831, leaving a widow and eight children, and having made his will, by which he devised an undivided third part of all his property to his wife, and the undivided two-thirds to his son Lewis; the devise to Lewis being, as stated, “on the consideration” that he should support and…
1Opinion of the Court
By the Court, Whittlesey, J.
This is not a motion fcr a new trial in the court in which the trial took place, but it is a writ of error founded upon a bill of exceptions. The bill states that the court below refused to nonsuit the plaintiff or petitioner on the application of the defendant, but did after-wards grant the nonsuit at the request of the petitioner himself. I do not see how he can ask this court to pronounce the decision to be error which was made at his own request, after precisely such an order had been refused on the application of the defendant. I do not perceive that it makes…
2Cases cited2 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
3Cited by13 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. Fort Worth & New Orleans Railway Co.Texas Supreme Court · 1887
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
- Paul v. ArmstrongNevada Supreme Court · 1865
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