Getty v. . Devlin
New York Court of Appeals
These are cross appeals by plaintiffs and by defendants, the executors of Daniel Devlin, deceased, affirming a judgment in favor of plaintiffs and certain of the defendants of the General Term of the Supreme Court in the first judicial department, entered upon a decision of the court on trial without a jury. (Reported below, 9 Hun, 603; reported on a former appeal, 54 N. Y., 403.) ¡ This was an action for equitable relief.
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These are cross appeals by plaintiffs and by defendants, the executors of Daniel Devlin, deceased, affirming a judgment in favor of plaintiffs and certain of the defendants of the General Term of the Supreme Court in the first judicial department, entered upon a decision of the court on trial without a jury. (Reported below, 9 Hun, 603; reported on a former appeal, 54 N. Y., 403.) ¡ This was an action for equitable relief. The complaint alleged and the court found in substance, that prior to February 22, 1865, Daniel Devlin, deceased, whose executors are defendants herein, with defendants…
1Opinion of the CourtRapallo, J.
The general question of the rights of the plaintiffs to recover in this action against the executors of Devlin, and against the defendants Bryan, Askenburgh, and Atwood, was decided by the Commission of Appeals when this case was before that tribunal on the plaintiffs’ appeal. (54 N. Y., 403.) The only parties now appealing are the executors, and the leading facts are substantially the same as recited in the opinion of the court on the former appeal. We do not propose to review that decision, and it must stand as the law of the case.
The Commission of Appeals then held, in substance, that…
2Cases cited1 opinion
- Getty v. . DevlinNew York Court of Appeals · 1873
3Cited by12 opinions
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- Franey v. WarnerWisconsin Supreme Court · 1897
- Gould v. GouldNew York Supreme Court · 1919
- Colton Improvement Co. v. RichterNew York Supreme Court · 1899
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