O'Donaghue v. . Smith
New York Court of Appeals
Appeal by Margaret A. O’Donaghue from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1903, reversing a judgment in her favor entered upon a verdict directed by the court and granting a new trial.
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Appeal by Margaret A. O’Donaghue from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1903, reversing a judgment in her favor entered upon a verdict directed by the court and granting a new trial. Appeal by William O’Donaghue and James O’Donaghue from a judgment of said Appellate Division, entered October 22, 1903, affirming a judgment entered upon a dismissal of the complaint as to them by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The sale in the partition…
1Opinion of the CourtHaight, J.
This is an action of ejectment brought by the plaintiffs to recover three-sevenths of the property described in the complaint, each claiming to be the owner of an undivided one-seventh thereof.
Michael O’Donaghue died in the city of Eew York on the 8th day of April, 1860, seized and possessed of the property in question, leaving a last will and testament with three codicils, all of which were duly admitted to probate in the county of Eew York. He left him surviving a widow, and the plaintiffs and five other children, one of whom subsequently died.
In September, 1869, an action was commenced by…
2Cases cited5 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Muller v. StruppmannNew York Supreme Court · 1878
3Cited by3 opinions
- In re the Accounting of Syracuse Trust Co.Appellate Division of the Supreme Court of the State of New York · 1946
- Gruner v. RuffnerAppellate Division of the Supreme Court of the State of New York · 1909
- New York Life Insurance & Trust Co. v. ConklingAppellate Division of the Supreme Court of the State of New York · 1913