Losaw v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, M. Truman Smith, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the-office of the clerk of the county of Schuyler on the 22d day of May, 1905, upon the verdict of a jury for $400, and also from án order entered in said clerk’s office on the 5th day of May, 1905 denying the defendant’s motion for a new trial made upon the minutes. . In 1903 the defendant Smith sued the plaintiff Losaw in Justice’s Court for trespass…
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Appeal by the defendant, M. Truman Smith, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the-office of the clerk of the county of Schuyler on the 22d day of May, 1905, upon the verdict of a jury for $400, and also from án order entered in said clerk’s office on the 5th day of May, 1905 denying the defendant’s motion for a new trial made upon the minutes. . In 1903 the defendant Smith sued the plaintiff Losaw in Justice’s Court for trespass on real property. Issue was joined in said action nnd a trial was had which resulted in a verdict of a jury in favor of…
1Opinion of the Court
• Parker, P. J.:. In People ex rel. Lawrenae v. Brady (56 N. Y. 182, 191) the court say : “We are óf opinion that the previous adjudications in proceedings on habeas corpus are no answer to a new writ issued on the application of the relator. * * * In this ease the relator is-restrained of his liberty, and a decision under one writ refusing to discharge him did not bar the issuing of a second writ by another court or officer.”
In Matter of Quinn (2 App. Div. 103) the court say : “ It is settled law that,-With the.exception of a narrow class,of cases, such as the custody of infants, a decision…
2Cases cited6 opinions
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- In re QuinnAppellate Division of the Supreme Court of the State of New York · 1896
- Davids v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Parker v. SpearThe Superior Court of New York City · 1882
- Saffier v. HaftAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Post v. LyfordAppellate Division of the Supreme Court of the State of New York · 1954
- Nastasi v. StateNew York Court of Claims · 1949
- D'Alessandro v. United StatesDistrict Court, W.D. New York · 2024