O'Donoghue v. Smith
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, William O’Donoghue and another, and by the defendants, Annie A. Smith and others, from portions of a judgment of the Supreme Court in favor of the plaintiff Margaret Ann O’Donoghue, entered in the office of the clerk of the county of New York on the 2d day of May, 1902, upon the verdict of a jury, rendered by direction of the court after a trial at the New York Trial Term, and upon the dismissal of the complaint by direction of the court as…
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Cross-appeals by the plaintiffs, William O’Donoghue and another, and by the defendants, Annie A. Smith and others, from portions of a judgment of the Supreme Court in favor of the plaintiff Margaret Ann O’Donoghue, entered in the office of the clerk of the county of New York on the 2d day of May, 1902, upon the verdict of a jury, rendered by direction of the court after a trial at the New York Trial Term, and upon the dismissal of the complaint by direction of the court as to the plaintiffs William O’Donoghue and James O’Donoghue.
1Opinion of the Court
Patterson, J".:
This is an action in ejectment, the plaintiffs seeking to recover the possession of three-sevenths of the premises at the northeast corner of Washington and Keetor streets in the city of Hew York, and particularly described in the complaint, each plaintiff claiming to be entitled to an undivided one-seventh part thereof. The plaintiffs are three of the children of Michael O’Donoghue, who'd-ied April 6,1860, seized of such premises. By his last will and testament he disposed of all his estate. After giving legacies and creating' an annuity, he gave to his executors all the rest,…
2Cases cited7 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Parish v. . ParishNew York Court of Appeals · 1903
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Varian v. StevensThe Superior Court of New York City · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Muller v. NaumannAppellate Division of the Supreme Court of the State of New York · 1903