Hinckel v. . Stevens
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court iu the third judicial department, entered December 13,1898, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entitled to a permanent injunction upon the decision of the trial court.
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Appeal from an order of the Appellate Division of the Supreme Court iu the third judicial department, entered December 13,1898, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entitled to a permanent injunction upon the decision of the trial court. (Meyer v. Phillips, 97 N. Y. 485; Garvey v. L. I. R. R. Co., 159 N. Y. 332.) The title to the land vested in the Van Eensselaers under the Dutch and English…
1Per curiam
This appeal presents a case unfortunately lately of frequent occurrence (First Nat. Bank v. Miller, 163 N. Y. 164; Spence v. Ham, 163 N. Y. 220; National Harrow Company v. Bement & Sons, 163 N. Y. 505; Neuman v. N. Y. M. S. & Loan Association, 164 N. Y. 248) in which, as the order of the Appellate Division fails to state that the reversal was on the facts, we must, under section 1338 of the Code of Civil Procedure, assume that the judgment of the Special Term was reversed for errors of law alone, although a reference to the opinion indicates that the contrary is the fact. The action is in…
2Cases cited8 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Spence v. . HamNew York Court of Appeals · 1900
- Craig v. . WellsNew York Court of Appeals · 1854
- Bridger v. . PiersonNew York Court of Appeals · 1871
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ganz v. . LancasterNew York Court of Appeals · 1902
- Williams v. . City of UticaNew York Court of Appeals · 1916
- People Ex Rel. Berlinger v. . WellsNew York Court of Appeals · 1904
- Valentino v. . SchantzNew York Court of Appeals · 1915
- Colby v. . Town of DayNew York Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.