Oakley v. Aspinwall
The Superior Court of New York City
This was an appeal from a judgment entered upon the direction of a single judge of this court, after a new trial had been had, in pursuance of the decision of the Court of Appeals. The case will be found reported in its various stages, and in the different courts, in 2 JSandford’s Swp. Court Mepoo'ts, 7; 4 Com-stock, 514; and 10 JY.
Read the full summary
This was an appeal from a judgment entered upon the direction of a single judge of this court, after a new trial had been had, in pursuance of the decision of the Court of Appeals. The case will be found reported in its various stages, and in the different courts, in 2 JSandford’s Swp. Court Mepoo'ts, 7; 4 Com-stock, 514; and 10 JY. Y. Legal Observer, 79. In those volumes, and in the opinion of the Court, delivered by Sattoford, J., and the dissenting opinion of Bosworth, J., the facts will be found amply stated. Mr. J. Duer, in the court below, gave the following reasons for nonsuiting the…
1Opinion of the CourtDuer, J.
I hold, myself bound by the former decisions of this Court, and" also fully concur in them, as to the right of the plaintiff upon the questions involved, except so far as I am constrained to follow what I may deem obligatory upon this Court, in' the recent decision in the Court of Appeals. That decision certainly does not settle that an action of debt, would not lie against Young and Baker upon this judgment; but leaves that an open question in the Court above, without disturbing the rule settled here in favor of the action. But it has settled against the plaintiff the question which his…
2Cases cited13 opinions
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Gifford v. LivingstonNew York Supreme Court · 1845
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Armendiaz v. StillmanTexas Supreme Court · 1881
- Fairchild v. DurandThe Superior Court of New York City · 1859
- Mitchell v. HydeNew York Supreme Court · 1855
- Campbell v. Erie Railway Co.New York Supreme Court · 1866
- Estate of Jessup, Superior Court of California, County of San Francisco1891
2 more not listed; retrieve them via the Exa API.