Leland v. . Cameron
New York Court of Appeals
Appeal from a judgment of the Supréme Court affirming a judgment of the Special Term, dismissing the plaintiff’s complaint with costs. And also from an order of the same •court affirming an order of the Special Term, denying a motion to strike out so much of the judgment as awarded costs to the plaintiff.
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Appeal from a judgment of the Supréme Court affirming a judgment of the Special Term, dismissing the plaintiff’s complaint with costs. And also from an order of the same •court affirming an order of the Special Term, denying a motion to strike out so much of the judgment as awarded costs to the plaintiff. The complainant alleged that on the 1st of January, 1818, William Helm, of Bath, Steuben county, since deceased,was the owner in fee of the premises described therein, lying and being in said county. That on the 30th ¡November, 1825, said Helm appointed the plaintiff and one ¡Daniel G-.…
1Opinion of the CourtMullin, J.
The' case contains no finding of facts, and by repeated decisions of this court the appeal cannot be heard. (16 N. Y., 610, 613, 617; 3 Kern., 344; 20 N. Y.)
If, however, the court should deem it proper to overlook this error in practice, I will briefly assign the reasons which induce me to vote for the affirmance of' the judgment. It must, be assumed, in the absence of any objection on the trial, by the defendant, that Helm had title to the lands in question at the time of the recovery of the judgment against him by Dugald Cameron; and I will further assume that the title was in fee. That…
2Cases cited2 opinions
- Nichols v. GoldsmithNew York Supreme Court · 1831
- Otis v. . SpencerNew York Court of Appeals · 1858
3Cited by37 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Estate of SharonCalifornia Supreme Court · 1918
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
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