Legal Opinion

Wing v. Disse

New York Supreme Court

Decided October 15, 1878Published

Motion for a new trial, on exceptions ordered to be heard, in the first instance, at the General Term, after a verdict in favor of the plaintiff at the Erie Circuit.

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Motion for a new trial, on exceptions ordered to be heard, in the first instance, at the General Term, after a verdict in favor of the plaintiff at the Erie Circuit. The plaintiff to make out his cause of action proved, among others, the following facts, which were not contradicted by any proofs offered by the defendants or either of them, to wit: That Samuel F. Pratt and others, on or about the 15th day of November, 1854, recovered a judgment in the Supreme Court against the defendant, Frederick ’ Disse and one Louis Berg, for the sum of $166.25 damages and $10.00 costs, the judgtoent-roll…

1Opinion of the Court

Smith, J.:. This is an action to recover the possession of certain real estate in the city of Buffalo. The property formerly belonged to the defendant, Frederick Disse, who, as the jury found, was in possession of it at the time of the commencement of the action. The plaintiff claims title by virtue of his appointment as receiver of the property of Frederick Disse in proceedings against Disse supplementary to execution, had before the county judge of Erie county, under section 292 of the Code of Procedure. ■ The proceedings were commenced on September 25, 1867, upon a judgment docketed on…

2Cases cited1 opinion

  1. Dawley v. BrownNew York Supreme Court · 1873

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