Legal Opinion

Hynes v. . McDermott

New York Court of Appeals

Decided March 6, 1883PublishedCited by 125 opinions

. Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made April 3, 1882, which affirmed & judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action of ejectment to recover possession of certain lands in the city of New York. The material facts are stated in the opinion.

1Opinion of the CourtAndrews, J.

The adult plaintiff, Mary Eliza Hynes, is the alleged widow of William Rose Hynes, who died in London, England, June 27, 1874. The infant plaintiffs William Rose Hynes and Andrew Hynes, are the children of William Rose Hynes, Sr., by Mary Eliza Hynes, and were born in London, the one Dec. 18,1871, and the other May 10, 1873. The father of the infant plaintiffs died intestate, seized of the premises in controversy, and the right of the plaintiffs to recover depends upon the question of the marriage of them mother with their father, William Rose Hynes. This issue was found by the jury in favor…

2Cases cited4 opinions

  1. Caujolle v. . FerrieNew York Court of Appeals · 1861
  2. Rose v. ClarkNew York Court of Chancery · 1841
  3. Hynes v. . McDermottNew York Court of Appeals · 1880
  4. Tillman v. LansingNew York Supreme Court · 1809

3Cited by125 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Reaves v. ReavesSupreme Court of Oklahoma · 1905
  3. Teter v. TeterIndiana Supreme Court · 1885
  4. Fisher v. FisherNew York Court of Appeals · 1929
  5. White v. WhiteCalifornia Supreme Court · 1890

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