Burger v. Baker
New York Supreme Court
Motion to set aside an inquest and subsequent proceedings for irregularity. This action was brought by William Burger and his wife, against George Baker, to recover lands claimed as the separate property of the female plaintiff. An inquest was taken, which defendant now sought to set aside.
1Opinion of the CourtEmott, J.
—This is a motion to set aside an inquest and all subsequent proceedings, including a judgment and execution, on various grounds. The action was ejectment, and was tried at the Westchester Circuit in June, 1856. The cause was called in its order on the calendar, and the defendant having made no affidavit of merits, and not appearing, the court proceeded to try *12the cause without a jury, and after hearing the evidence directed a judgment for the plaintiffs.
It is alleged that this judgment was erroneous, because the action was to recover lands of which the plaintiff, Sarah H. Burger, was averred…
2Cited by3 opinions
- Smith v. . GeigerNew York Court of Appeals · 1911
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
- Stafford v. AmbsSuperior Court of Buffalo · 1879