Legal Opinion

Holland v. Holland

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904PublishedCited by 5 opinions

Appeal by the defendants, Cornelius Holland and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk- of the county of Cayuga on the 7th day of December, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of January, 1904, denying the said defendants’ motion for a new trial made upon the minutes.

Read the full summary

Appeal by the defendants, Cornelius Holland and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk- of the county of Cayuga on the 7th day of December, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of January, 1904, denying the said defendants’ motion for a new trial made upon the minutes. The action was commenced on the 6th day of December, 1902, under section 2653a of the Code of Civil Procedure, for the purpose of having it adjudged that an instrument bearing date the 8th day…

1Opinion of the Court

McLennan, P. J.:

The testimony is voluminous, twenty-five witnesses having been called by the plaintiff and about the same number by the answering defendants, but as we consider that certain objections and exceptions taken by the appellants to the admission of evidence, to which attention will be called, present reversible error, it is unnecessary to refer to the testimony in detail or at length. It is sufficient to say that it presents a fair question of fact as to each proposition submitted to the jury by the learned tidal court.

Cornelius Holland died on the 7th day of April, 1901, at the…

2Cases cited3 opinions

  1. Holcomb v. . HolcombNew York Court of Appeals · 1884
  2. In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
  3. Gambee v. GambeeAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Holland v. NimitzTexas Supreme Court · 1922
  2. Johnson v. PoeCourt of Appeals of Texas · 1948
  3. Wilber v. GillespieAppellate Division of the Supreme Court of the State of New York · 1908
  4. Holland v. NimitzTexas Commission of Appeals · 1921
  5. Griswold v. HartAppellate Division of the Supreme Court of the State of New York · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API