Clark v. Society of Saint James' Church
New York Supreme Court
Appeal from a judgment, in favor of' tbe. plaintiff, entered upon tbe verdict of a jury, and also from an order denying a motion for a new trial, made by tbe defendant upon tbe minutes of tbe justice' before whom tbe action was tried. Tbe action was brought by tbe plaintiff, who claimed to be the widow of William Clark, deceased, to recover her dower in four hundred and nineteen acres of land, whereof be died siezed.
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Appeal from a judgment, in favor of' tbe. plaintiff, entered upon tbe verdict of a jury, and also from an order denying a motion for a new trial, made by tbe defendant upon tbe minutes of tbe justice' before whom tbe action was tried. Tbe action was brought by tbe plaintiff, who claimed to be the widow of William Clark, deceased, to recover her dower in four hundred and nineteen acres of land, whereof be died siezed. The plaintiff alleged that she was married to tbe deceased on October 12, 1870, and that be died on tbe 1st day of June, 1874 Tbe answer of tbe defendant alleged that tbe…
1Opinion of the Court
Hardin, J.:
We cannot properly review the order for a bill of particulars in this case, nor the discretion exercised by the Special Term in prescribing the terms thereof. The Special Term had power to make the order. (Tilton v. Beecher, 59 N. Y., 176.)
The plaintiff called witnesses who gave evidence tending to sustain the allegation that a marriage took place at the house of Clark, on the 12th day of October, 1870, between him and the plaintiff; and also witnesses giving admissions of the deceased tending to corroborate and sustain the averment of. marriage. ■
The defendant, to support its…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Tooley v. . BaconNew York Court of Appeals · 1877
- Leland v. . CameronNew York Court of Appeals · 1865
- Finch v. . ParkerNew York Court of Appeals · 1872
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