Saranac Land & Timber Co. v. Roberts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Saranac Land and Timber Company, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the county of Franklin on the 2d day of January, 1919, as resettled by an order entered in said clerk’s office on the 20th day of January, 1919, denying plaintiff’s motion to vacate an order entered in said clerk’s office on the 9th day of December, 1918, purporting to have been made at an Extraordinary…
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Appeal by the plaintiff, Saranac Land and Timber Company, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the county of Franklin on the 2d day of January, 1919, as resettled by an order entered in said clerk’s office on the 20th day of January, 1919, denying plaintiff’s motion to vacate an order entered in said clerk’s office on the 9th day of December, 1918, purporting to have been made at an Extraordinary Special Term held in and for the county of Schenectady on the 30th day of November, 1918, granting defendant’s motion for…
1Opinion of the Court
Laughlin, J.:
These are actions in ejectment to recover possession of land in Franklin county. The parties, by stipulations in open *363court, waived jury trials and consented to the appointment of a referee to try the issues. The first trial resulted in judgments for the plaintiff which were affirmed (125 App. Div. 333; 195 N. Y. 303). Those judgments were vacated pursuant to the provisions of section 1525 of the Code of Civil Procedure;* and the referee having died another was appointed. He also decided the issues in favor of the plaintiff and the judgments were affirmed by the Appellate…
2Cases cited11 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
- People v. . SullivanNew York Court of Appeals · 1889
- Wight v. WallbaumIllinois Supreme Court · 1864
- People Ex Rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1917
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