Lamb v. . Lamb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 13, 1894, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as guardian ad litem, of the infant children of James Lamb, deceased, to recover for the use and occupation of certain real estate belonging to said infants.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 13, 1894, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as guardian ad litem, of the infant children of James Lamb, deceased, to recover for the use and occupation of certain real estate belonging to said infants. The facts, so far as material, are stated in the opinion. The court erred in ruling that the action would not lie to recover the…
1Opinion of the CourtPeckham, J.
James Lamb died in January, 1885, leaving him surviving the defendant, his widow, and the plaintiffs, being his three infant children, of the ages of five years, three years and one year respectively. The deceased left property, real and personal, of "the amount of about $75,000. At the time of his death he was living in his own house in Cohoes with his wife and children. Some time in the summer of 1885 James White was, upon the petition of the defendant, appointed the general guardian of the infants by the surrogate of Albany county. Soon after his appointment as guardian he and the…
2Cases cited3 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Collyer v. . CollyerNew York Court of Appeals · 1889
- Starks v. PeopleNew York Supreme Court · 1847
3Cited by30 opinions
- Goller v. WhiteWisconsin Supreme Court · 1963
- Gibson v. GibsonCalifornia Supreme Court · 1971
- Dunlap v. DunlapSupreme Court of New Hampshire · 1930
- Petersen Ex Rel. Petersen v. City & County of HonoluluHawaii Supreme Court · 1970
- Rigdon Ex Rel. Rigdon v. RigdonCourt of Appeals of Kentucky (pre-1976) · 1971
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