Sloane v. . Martin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of March, 1894, which affirmed a final and an interlocutory judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of March, 1894, which affirmed a final and an interlocutory judgment in favor of plaintiff entered upon the report of a referee. This was an action for the specific performance of a contract for the purchase of real estate, and arose out of defendant’s refusal to complete his purchase on the ground that the title was not good and marketable, George Sloane, plaintiff’s testator, having derived title to the larger part of the premises in question through a…
1Opinion of the CourtFinch, J.
The very elaborate and exhaustive opinion of the learned referee, before whom this action was tried, so states the argument upon the fundamental question involved as to simplify our duty of review and enable us to narrow the discussion, which has taken a wide range, to the single ground on which our decision should rest. The jurisdiction assailed is that of a Federal court over infants not served with process, but for whom an appearance was entered and a guardian ad litem appointed, who defended in their behalf. The question thus is one of Federal jurisdiction and practice, taking us away…
2Cases cited6 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Mohr v. ManierreSupreme Court of the United States · 1880
- O'Hara v. MacConnellSupreme Court of the United States · 1876
- Insurance Co. v. BangsSupreme Court of the United States · 1881
- Ingersoll v. . MangamNew York Court of Appeals · 1881
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3Cited by2 opinions
- The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
- Taylor v. EmmetAppellate Division of the Supreme Court of the State of New York · 1910