Terwilliger v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alonzo H. Terwilliger and another., from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Seneca on the 3d day of July, 1902, upon the report of a referee dismissing the complaint as to certain of the defendants.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted before another referee, with cos,ts. to appellants to abide event.
The action was for the foreclosure of two mechanic’s liens.
Before the taking of any evidence the complaint was dismissed as to the trustees with costs, and as to the defendants Barlow and Woodcock without costs, on the ground that no lien was ever created and none existed which could form the basi. of a judgment. The motion ivas based upon the allegations of the complaint, which must, therefore, be regarded as true.
The plaintiffs were dealers in lumber and…
2Cases cited13 opinions
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- Burroughs v. . TostevanNew York Court of Appeals · 1879
- McDonald v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- McDonald v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1902
- McKay v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by6 opinions
- Italian Mosaic & Marble Co. v. City of Niagara FallsNew York Supreme Court · 1928
- McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
- Casey v. Connors Brothers Construction Co.New York Supreme Court · 1907
- Clapper v. StrongNew York Supreme Court · 1903
- Westgate v. ShirleyNew York Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.