Morss v. Jacobs
The Superior Court of New York City
The above cases are appeals from judgments rendered on decisions made therein, by Justice Miller, one of the justices of this court, before whom the causes were tried, without a jury, at the Greene county circuit, held at Catskill, on the 5th day of June, 1865. Two cases and exceptions are before the court on appeal; but the pleadings in each are identical, and the same principles of law controlled both actions, and the same evidence substantially was given upon the trial of…
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The above cases are appeals from judgments rendered on decisions made therein, by Justice Miller, one of the justices of this court, before whom the causes were tried, without a jury, at the Greene county circuit, held at Catskill, on the 5th day of June, 1865. Two cases and exceptions are before the court on appeal; but the pleadings in each are identical, and the same principles of law controlled both actions, and the same evidence substantially was given upon the trial of each cause, and both cases were tried together, and the same decision was rendered in each. The suits were brought to…
1Opinion of the Court
By the court, Hogeboom, J.
The argument of plaintiff’s counsel, so far as it aims to show that, under the agreement between the plaintiff and John Brandow, the plaintiff had title to the 100 acre lot, may be dismissed with the remark that this court on a former occasion decided the contrary ■ way, and the question is res adjudicata. Though not present when the decision was made, I am informed by my brethren they were clear and unanimous on this point, and we must regard it as disposed of, so far as this court is concerned.
This conclusion was arrived at on the face of the instruments…
2Cases cited2 opinions
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
- Burlingame v. RobbinsNew York Supreme Court · 1856