Dunphy v. Callahan
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Edward J. Dunphy, as executor, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of February, 1905, denying the plaintiff’s motion to vacate and set aside a judgment theretofore entered herein or to modify it by striking therefrom the provision which charges him personally with the costs of the action.
1Dissent
Ingraham, J. (dissenting):
The action was commenced by the plaintiff in his representative capacity to recover possession of what was alleged to be property of the plaintiff’s testator, the complaint alleging that the deceased had possession of this property at the time of her death, but that immediately after her death the defendant wrongfully took possession *14of it and lias refused to return it to the plaintiff, although duly demanded. The answer alleged that the defendant was the owner of the property. This action came on for trial before a jury, who rendered a verdict for the defendant.…
2Cases cited1 opinion
- Mullen v. GuinnNew York Supreme Court · 1895