Rose v. . Hawley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 2,1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This was an action of ejectment. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 2,1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This was an action of ejectment. The facts, so far as material, are stated in the opinion. The proceedings had in the former action do not constitute a bar to the present action, (Marsh v. Masterson, 101 N. Y. 401 ; Spelman v. Terry, 74 id. 451; Roberts v. Baumgarten, 126 id. 336 ; Bell v. Merrifield, 109 id. 202; Russell v. Place, 94 U. S. 606;…
1Opinion of the CourtFinch, J.
The demurrers interposed by the defendants have been sustained upon the ground that the complaint on its face disclosed the existence of a prior judgment between the •same parties and for the same cause of action, which operates ■as a bar to any recovery by the plaintiff in the present suit. Hecessarily what we have a right to know about such prior judgment cannot transcend the facts disclosed by the present complaint, and we must not go beyond its statement, although ■other sources of information are within our reach. Confining our attention to that document, it is necessary to consider its…
2Cases cited3 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Roberts v. . BaumgartenNew York Court of Appeals · 1891
3Cited by13 opinions
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Rose v. . HawleyNew York Court of Appeals · 1894
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Roach v. CurtisAppellate Division of the Supreme Court of the State of New York · 1906
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