Legal Opinion

Losaw v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905PublishedCited by 3 opinions

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

  1. People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
  2. In re QuinnAppellate Division of the Supreme Court of the State of New York · 1896
  3. Davids v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  4. Parker v. SpearThe Superior Court of New York City · 1882
  5. 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

  1. Post v. LyfordAppellate Division of the Supreme Court of the State of New York · 1954
  2. Nastasi v. StateNew York Court of Claims · 1949
  3. D'Alessandro v. United StatesDistrict Court, W.D. New York · 2024

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