Gasz v. Strick
Superior Court of Buffalo
Appeal from special term. Ejectment by Peter Gasz against Michael Strick, in which plaintiff recovered judgment. The cause was tried before the Honorable Edward W. Hatch, Judge, without a jury. His decision, after setting forth his findings of fact and law, contained the direction “ that judgment should be entered accordingly, but without costs to either party.”
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Appeal from special term. Ejectment by Peter Gasz against Michael Strick, in which plaintiff recovered judgment. The cause was tried before the Honorable Edward W. Hatch, Judge, without a jury. His decision, after setting forth his findings of fact and law, contained the direction “ that judgment should be entered accordingly, but without costs to either party.” Judgment thereupon, without costs, was entered September 20, 1888. The decision omitted to state, as required by section 1519 of the Code, “the estate of the plaintiff in the property recovered.” Pursuant to section 1525 of the Code,…
1Dissent
Titus, J.,
(dissenting.) This action was brought to recover possession of real property under section 1496 of the Code of Civil Procedure, and is what was heretofore denominated an “action of ejectment.” By consent of the parties, a jury trial was waived, and the cause w'as tried by the court. The court found, among other things, that the plaintiff was the owner of, and entitled to the immediate possession of, five-sixths of the real property described in the complaint, and ordered judgment, “but without costs to either party.w The judgment was entered in pursuance thereof on the 20th day of…
2Cases cited14 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Clark v. HallNew York Court of Chancery · 1839
- Fisher v. . HepburnNew York Court of Appeals · 1871
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Close v. GillespeyNew York Supreme Court · 1808
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