Lyons v. Murat
New York Supreme Court
Sarah Lyons sued Magdalena Murat, to reform a certain deed, alleged to have been obtained by the defendant by fraud, trick, and device. The defendant’s answer denied all the allegations of fraud, &c., and alleged that the property in question was held by the defendant: first, by a valid deed of conveyance executed and taken in good faith, and second, by virtue of a devise in a will. These pleadings were verified by the parties.
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Sarah Lyons sued Magdalena Murat, to reform a certain deed, alleged to have been obtained by the defendant by fraud, trick, and device. The defendant’s answer denied all the allegations of fraud, &c., and alleged that the property in question was held by the defendant: first, by a valid deed of conveyance executed and taken in good faith, and second, by virtue of a devise in a will. These pleadings were verified by the parties. Plaintiff’s attorney served a reply verified by himself on the last day for replying. This verification alleged, as grounds for it being made by attorney instead of by…
1Opinion of the CourtDonohue, J.
Held that the non-payment of costs stayed proceedings and denied the motion.
II. Motion for leave to prosecute as a poor person.
Plaintiff thereupon made a motion for leave to the plaintiff to continue to prosecute the action as a poor person, and that the costs theretofore awarded against plaintiff in the cause, be either cancelled from the record, or remain on the record, and the payment thereof abide the event.
Ferdinand S. Hahn, for plaintiff, in support of the motion, cited sections 458 to 467 of the Code of Civil Procedure, which provide for parties prosecuting and defending as poor…
2Cited by3 opinions
- Randell v. AbrisquetaCity of New York Municipal Court · 1886
- Herbert v. DrakeCity of New York Municipal Court · 1885
- Robinson v. KleinNew York Court of Common Pleas · 1894