Legal Opinion

Nolan v. Nolan

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

Decided July 1, 1898Published

Appeal by the plaintiff, Clara E. Nolan, from a judgment of the Supreme Court in favor of the defendants Catharine L. F. Nolan and others, entered in the office of the clerk of the county of Kings on the 26th day of April, 1898, upon the dismissal of the complaint at the close of the evidence for the plaintiff, by direction of the court upon a trial at the Kings County Trial Term.

1Opinion of the Court

Willard Bartlett, J.:

The plaintiff, claiming to be the widow of Thomas Nolan, who died on the 7th day of July, 1897, brought this action for the admeasurement of her dower in certain lands in the city of Brooklyn of which he died seized. At the close of the evidence in her behalf the learned judge at Trial Term dismissed the complaint, and, from the judgment entered upon such dismissal the plaintiff appeals.

*340According to her theory of the case she was married twice, first, to one Elwood Eakins, with whom she lived from March until September, 1892, when he forsook her and went to Peoria, 111.,…

2Cases cited2 opinions

  1. Jackson ex dem. Bogert v. KingNew York Supreme Court · 1825
  2. Fagan v. FaganNew York Supreme Court · 1890

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