Thurber & Stevenson v. Townsend & Wilbur
New York Court of Appeals
Appeal from the Supreme Court. Action of ejectment in the Mayor's Court of the city of Albany, by Margaret Thurber, a married woman and another, not her husband. Upon the trial it was proved that the plaintiff, Mrs. Thurber, married in 1833, and had a daughter, the issue of such marriage, who was living at the time of the trial, as was her father.
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Appeal from the Supreme Court. Action of ejectment in the Mayor's Court of the city of Albany, by Margaret Thurber, a married woman and another, not her husband. Upon the trial it was proved that the plaintiff, Mrs. Thurber, married in 1833, and had a daughter, the issue of such marriage, who was living at the time of the trial, as was her father. The land in question came to Mrs. Thurber, by descent, in 1854. The defendants, for the purpose of upholding a lease under which they claimed, and which was made by Mrs. Thurber’s husband, asked the court to charge the jury that Mr. Thurber, by his…
1Opinion of the CourtSelden, J.
It appears from the record in this ease, that the judgment of the Mayor’s Court was reversed by the Supreme Court for error in fact; and the circumstances of the case, together with the nature of the judgment rendered by the Supreme Court, show that the real ground of reversal must have been an excess on the part of the jury in their assessment of damages. The appeal from the Mayor’s Court to the Supreme Court was taken under section 344 of the Code, and the question arises whether, upon this appeal, the Supreme Court had a right to reverse the judgment for such a cause. If that court had the…
2Cases cited1 opinion
- Ex parte BassettNew York Supreme Court · 1824
3Cited by25 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Tong v. MarvinMichigan Supreme Court · 1866
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Thornburg v. ThornburgWest Virginia Supreme Court · 1881
- Bennett v. HarmsWisconsin Supreme Court · 1881
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