Fleet v. Kalbfleisch
New York Supreme Court
Appeal by the defendants from an order made September 27th, 186, at the Kings county Special Term, by the justice before whom the action was tried, granting a new trial, pursuant to section 1010 of the Code of Civil Procedure.
Read the full summary
Appeal by the defendants from an order made September 27th, 186, at the Kings county Special Term, by the justice before whom the action was tried, granting a new trial, pursuant to section 1010 of the Code of Civil Procedure. The action is brought by the plaintiff, who is the daughter and devisee of the late Martin Kalbfleisch, to compel his executors to pay and discharge certain assessments for benefit, levied in installments, pursuant to chapter 228 of Laws of 1863, and a water-rate, levied and confirmed in the life-time of the testator on the realty devised by his will to the plaintiff.…
1Opinion of the Court
Bartlett, J.:
Under section 1010 of the Code of Civil Procedure, if the written decision of the court, upon the trial of an issue of fact or of law, is not filed in the clerk’s office within twenty days after the final adjournment of the term at which the issue was tried, either party may move at Special Term for a new trial upon that ground. ■- This case was tried at the Kings county Special Term in December, 1876. The action was brought to compel the payment of a water-tax and certain assessments, and upon the trial the court decided orally in favor of the plaintiff, so far as the water tax…
2Cases cited1 opinion
- Smith v. . FrankfieldNew York Court of Appeals · 1879