Deering v. Riley
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, James A. Deering, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
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Motion by the plaintiff, James A. Deering, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. This is an action of ejectment and to recover $600 damages for withholding possession of a portion of land formerly a part of Bloomingdale road;, of which the plaintiff claims to be seized of one undivided third part. The complaint described the land as bounded northerly by the south side of Manhattan street, southerly by the north…
1Opinion of the Court
O’Brien, J. :
Under the old system at common law there was included in the judicial determination of controversies the wager of battle, in which,• as in issues joined upon a writ of right, the decision rested upon the result of personal contest. That was the law in this State until it was abolished by statute in 1786. In the more rational methods of procedure which have superseded the ancient forms, there are still oftentimes observable many features' that may be likened to the ancient judicial combat. Thus, in the present case, the' defendants, who' make no claim of title and do not assert…
2Cases cited7 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1882
- Jackson v. BradtNew York Supreme Court · 1804
- Clason v. . BaldwinNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Potter v. BoyceAppellate Division of the Supreme Court of the State of New York · 1902
- Reed v. ShortSuperior Court of Delaware · 1946
- Mitchell v. EinsteinAppellate Division of the Supreme Court of the State of New York · 1905
- Reiter v. Landon Homes, Inc.New York Supreme Court · 1968
- Brooks v. AndersonAppellate Division of the Supreme Court of the State of New York · 1981
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