Hynes v. . McDermott
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 7 Daly, 513.) .The nature of the action and the facts are set forth sufficiently in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 7 Daly, 513.) .The nature of the action and the facts are set forth sufficiently in the opinion. The court erred in excluding the testimony of the witness as to the handwriting of Elizabeth Saunders, on the ground that it had not been shown he had ever seen her write her signature, or had ever received any letters signed by her, or had shown in any way that he was acquainted with her signature.…
1Opinion of the Court
Folger, Ch. J.
This is an action of ejectment, brought to recover possession of lands once of William R. Hynes, now deceased. He died intestate. The plaintiffs claim to be his widow and his sons respectively. If that be fact, the right to maintain the action cannot be denied. Whether it be the fact, depends upon the validity, as a marriage contract, of what took place in his life-time, between the intestate and the plaintiff who now claims to be his widow, and at times before the births of the other plaintiffs. Enough took place at those times, if it had been done in the territory of this…
2Cases cited11 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Monroe v. . DouglassNew York Court of Appeals · 1851
- Lincoln v. BattelleNew York Supreme Court · 1831
- Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- McDonald v. McDonaldIndiana Supreme Court · 1895
38 more not listed; retrieve them via the Exa API.