Legal Opinion

Johnson v. Thorn

Appellate Terms of the Supreme Court of New York

Decided April 15, 1899Published

Appeal by the plaintiff from a judgment rendered in the Municipal Court, second district, borough of The Bronx, dismissing the complaint of the plaintiff.

1Opinion of the CourtFreedman, P. J.

This action was brought to foreclose a mechanic’s lien, filed against the property of the defendant Julja Thom, who paid the amount claimed by the lien into court, and, at the opening of the trial, the complaint was dismissed as to .her,

' The defendants Henry. H. and Nathan Yought, doing business as “ Yought Brothers,” and the defendant Jorgensen filed separate answers.

At the close of the plaintiff’s case, each of the defendants made a motion to dismiss the complaint of the plaintiff, which motion •was granted.

In süch'a case the testimony of t¡he plaintiff . and' his witnesses must be taken…

2Cases cited2 opinions

  1. Paige v. . WilletNew York Court of Appeals · 1868
  2. Schiller v. Dry Dock, East Broadway & Battery RailroadAppellate Terms of the Supreme Court of New York · 1899

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