Stevens v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 18, 1880, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was originally brought by Russell D. Miner; he haying died during its pendency, the present plaintiff, as administratrix, with the will annexed, was substituted.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 18, 1880, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was originally brought by Russell D. Miner; he haying died during its pendency, the present plaintiff, as administratrix, with the will annexed, was substituted. The complaint alleges in substance that prior to July, 1866, plaintiff was the owner of certain premises which were described, situate in the city of New York, which were a portion of - a street that had been…
1Opinion of the CourtDanforth, J.
The names of actions no longer exist, but we retain in fact the action at law and the suit in equity. The pleader need not declare that his complaint is in either; it is only necessary that it should contain facts constituting a cause of action, and if these facts are such as at the common law his client would have been entitled to judgment, he will under the Code obtain it. If on the other hand they establish a title to some equitable interposition or aid from the court, it will be given by judgment in the same manner as it would formerly have been granted by decree. So the complaint may be…
2Cases cited6 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Miller v. . BarberNew York Court of Appeals · 1876
- Salter v. . HamNew York Court of Appeals · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Hays v. CarrIndiana Supreme Court · 1882
- Graham v. . SternNew York Court of Appeals · 1901
- Freeman v. MillerAppellate Division of the Supreme Court of the State of New York · 1913
- Cox v. City of New YorkNew York Court of Appeals · 1934
25 more not listed; retrieve them via the Exa API.