Koehler v. . Hughes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hovember 20, 1893, which affirmed a judgment entered upon a decision of the court on trial at Special Term dismissing plaintiffs complaint on the merits as against the respondent, Joseph Hughes.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hovember 20, 1893, which affirmed a judgment entered upon a decision of the court on trial at Special Term dismissing plaintiffs complaint on the merits as against the respondent, Joseph Hughes. This was an action to obtain the subrogation of the plaintiff to the rights of a purchaser at certain sales for the non-payment of taxes upon real estate alleged to belong to the parties as tenants in common. It is alleged in the complaint that the defendant Henry Hughes, being…
1Opinion of the CourtVann, J.
Several questions of practice require examination in this case before we can consider the appeal upon the merits.
The learned General Term' states in its opinion that, owing. to a defective certificate to the case, as settled, it was precluded from reviewing the questions of fact.
The learned trial judge states in his opinion that he had refused findings in favor of or against the respective contentions of the parties as to whether the plaintiff’s grantor had, or had not, any interest in the property involved, because he deemed the fact immaterial.
These opinions form no part of the record and…
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- Fisher v. . HallNew York Court of Appeals · 1869
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