Legal Opinion

White v. McLean

Commission of Appeals

Decided July 1, 1873PublishedCited by 4 opinions

Appeal from a judgment and order refusing a new trial of the general term of the supreme court of the first judicial district, affirming a judgment rendered at circuit in favor of the plaintiff. The action was brought to recover the possession of personal property, of which the plaintiff claimed to be the owner.

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Appeal from a judgment and order refusing a new trial of the general term of the supreme court of the first judicial district, affirming a judgment rendered at circuit in favor of the plaintiff. The action was brought to recover the possession of personal property, of which the plaintiff claimed to be the owner. The defendant set up in his answer that he was the owner of the property in question by virtue of an alleged purchase of it from- one Joseph B. Sheridan, who was in possession of it at the time of the sale. He made payment for it partly by canceling, an antecedent claim for rent of…

1Opinion of the Court

Dwight, O.

The.appellant in this case relies upon two errors alleged to have been committed at the trial. One of *195them concerns the right of a judge to stop the examination of a witness, while the other relates to the charge of the judge to the jury in respect to the impeachment of .the testimony of another witness.

I. The principal question at the trial concerned the ownership of furniture which had been sold by one Sheridan to the defendant. The plaintiff maintained ’ that the title was in himself, and that Sheridan’s act was nugatory. To sustain this view the plaintiff was examined in his own…

2Cases cited6 opinions

  1. Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
  2. Lawrence v. BarkerNew York Supreme Court · 1830
  3. Dunlop v. PattersonNew York Supreme Court · 1825
  4. Greton v. . SmithNew York Court of Appeals · 1865
  5. Lee v. ChadseyNew York Court of Appeals · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Miller v. StateWisconsin Supreme Court · 1909
  2. People v. RamistellaNew York Court of Appeals · 1954
  3. Munro v. StoweMassachusetts Supreme Judicial Court · 1900
  4. People v. CrandallCalifornia Supreme Court · 1899

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