Palmer v. . Palmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered 'September 21, 1893, which affirmed a judgment in favor of •defendant dismissing the complaint upon the merits, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered 'September 21, 1893, which affirmed a judgment in favor of •defendant dismissing the complaint upon the merits, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The following is a diagram of the lands in question: By the conveyances executed in February, 1874, upon the settlement of the estate of John Palmer, the father of the plaintiff and the defendant, the plaintiff undoubtedly gained…
1Opinion of the CourtMartin, J.
The purpose of this action was to establish the plaintiff’s right to a way across the defendant’s farm from Weaver street to a private cemetery owned by her in the rear of the defendant’s premises, and to enjoin him from interfering with the exercise of that right. There is very little conflict in the testimony.
The defendant’s farm is situated on the east side of Weaver street, which is one of the public highways of the town of Mamaroneck in Westchester county. The defendant and the plaintiff are brother and sister, and were born upon the farm now owned by the defendant. It belonged to their…
2Cases cited12 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Holmes v. SeelyNew York Supreme Court · 1838
- People v. . UnderhillNew York Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Wilson v. . FordNew York Court of Appeals · 1913
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
- Williams v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Herrin v. SiebenMontana Supreme Court · 1912
58 more not listed; retrieve them via the Exa API.