Diefendorf v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Chauncey Diefendorf, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Columbia on the 5th day of November, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of October, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
• In reference to the issues in this case, as to the title of the respective parties to the small strip of land which the plaintiff sought to :recover, and as to the practical location of the boundary line as ■claimed by the defendant, the evidence.presented questions of fact •which were properly submitted to the jury, and we see no reason "tor disturbing the verdict rendered.. We should, therefore, feel called upon to affirm the judgment, were it not for the following exceptions taken by the plaintiff on the trial:
The husband of the defendant was called as a witness in her…
2Cases cited4 opinions
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- Arents v. . Long Island R.R. Co.New York Court of Appeals · 1898
- Smith v. McNamaraNew York Supreme Court · 1870
3Cited by2 opinions
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1912
- Cole v. LesterNew York Supreme Court · 1905