Johnson v. Ocean View Cemetery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ocean View Cemetery, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 28th day of June, 1920, upon the decision of the court, rendered after a trial at the Richmond Special Term, adjudging as due to the plaintiffs from said defendant $5,163.58, and establishing their hen therefor, with an order of sale against a certain part of defendant’s cemetery land in…
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Appeal by the defendant, Ocean View Cemetery, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 28th day of June, 1920, upon the decision of the court, rendered after a trial at the Richmond Special Term, adjudging as due to the plaintiffs from said defendant $5,163.58, and establishing their hen therefor, with an order of sale against a certain part of defendant’s cemetery land in satisfaction, and providing further that should such sale not realize enough to satisfy the judgment, the plaintiffs might apply…
1Opinion of the Court
Putnam, J.:
The objection that the Attorney-General is not a party was not taken by demurrer or answer, and apparently not raised at the trial. It is not available here. (Code Civ. Proc. § 499; Jones v. Gould, 200 N. Y. 18.)
The notice of hen describes property “to be charged with the hen,” as follows:
“ The Plaza at the entrance of Ocean View Cemetery, Amboy Road, Oakwood, Staten Island, N. Y.; also Ocean View Drive on both sides of said Plaza and extending through said cemetery about 1950 feet; also Pine Road and Hemlock Road running from said Ocean View Drive and forming with it the triangle…
2Cases cited6 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Jones v. . GouldNew York Court of Appeals · 1910
- Woolf v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1905
- Clarke v. KeatingAppellate Division of the Supreme Court of the State of New York · 1918
- Moran v. . ChaseNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Bradwood Realty, Inc. v. Transit Paving, Inc.New York Supreme Court · 1964
- Sullivan v. Mount Carmel Cemetery Assn.New York Court of Appeals · 1927
- Rector, Churchwardens & Vestrymen of the Church of the Nativity v. FlemingNew York Supreme Court · 1940
- W. L. Development Corp. v. Trifort Realty, Inc.New York Court of Appeals · 1978