Legal Opinion · Dissent

Barson v. Mulligan

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

Decided June 18, 1909Published

Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the 'Supreme Court, in .favor of the plaintiffs, entered in the Gffice of the clerk of' the county of Rew York on the 13th day of January, . 1909, upon the verdict of a jury, and also from an order bearing date the 12th day of January, 1909, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes, and also, (as stated in the . ■ notice of…

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Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the 'Supreme Court, in .favor of the plaintiffs, entered in the Gffice of the clerk of' the county of Rew York on the 13th day of January, . 1909, upon the verdict of a jury, and also from an order bearing date the 12th day of January, 1909, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes, and also, (as stated in the . ■ notice of appeal), from an order béaring date the Tth day of January, 1909, and entered' in said clerk’s office, directing the entry of…

1DissentLaughlin, J.

This is an action in ejectment. On the first trial the plaintiffs recovered, but the judgment was reversed by this court. (Barson v. Mulligan, 66 App. Div. 486.) On the second trial the plaintiffs again recovered and the judgment was sustained on appeal. (77 App. Div. 192.) This judgment was subsequently vacated and a new trial granted, on the application of the defendants, pursuant to the provisions of section 1525 of the Code of Civil Procedure, and the order was affirmed by this-court. (84 App. Div. 642.) On the third trial the defendants recovered, but the judgment was reversed for error…

2Cases cited4 opinions

  1. Barson v. . MulliganNew York Court of Appeals · 1908
  2. Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1901
  3. Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1902
  4. Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1905

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