Bates v. Stearns
New York Supreme Court
This was an action of ejectment, tried at the Otsego circuit, in April, 1839, before the Hon. Philo Gridley, one of the circuit judges. The plaintiff claimed to recover the premises in question as a part of a tract of land called Livingston's patent.
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This was an action of ejectment, tried at the Otsego circuit, in April, 1839, before the Hon. Philo Gridley, one of the circuit judges. The plaintiff claimed to recover the premises in question as a part of a tract of land called Livingston's patent. The defendant claimed that the premises were in an adjoining tract, called the Cherry Valley patent, and insisted that the plaintiff was barred by a former recovery against him in an action of ejectment brought for the same premises by an owner of land in the Cherry Valley patent, to which recovery he (the defendant) was a privy. That action was…
1Opinion of the CourtCowen, J.
By the Court, We think the judge was right in holding that the verdict and judgment in the former action was not conclusive. In Jackson, ex dem. Palmer, v. Coe, 5 Wendell, 101, this court held, that in an action of ejectment brought before the revised statutes went into effect, the defendant could not take his second- trial of course,'as provided by 2 R. S. 235, 2d ed. § 36, 27, &c. The *decision is in [ *483 ] accordance with a principle which we decidedly approve, viz. *483that a statute which alters the form or effect of any action or proceeding, though it contain general words of sufficient…
2Cases cited2 opinions
- People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
- Jackson ex dem. Palmer v. CoeNew York Supreme Court · 1830
3Cited by12 opinions
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