Furner v. . Seabury
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February 3, 1891, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and granted a new trial. This was an action to restrain defendant from drawing or interfering with the water of a certain spring which plaintiff claimed he owned.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February 3, 1891, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and granted a new trial. This was an action to restrain defendant from drawing or interfering with the water of a certain spring which plaintiff claimed he owned. A permanent injunction was asked for and also damages for injuries already sustained by reason of such alleged unlawful interference. * In August, 1852, the defendant and William Colson owned adjoining farms…
1Opinion of the Court
Eabl, Ch. J.
As the order of reversal in this case does not appear to have been based upon any question of fact, we must assume that the judgment was reversed for some supposed error of law. (Code Civ. Pro. § 1338.) Flo complaint is made of the rulings of the trial judge upon the trial, and, therefore, if the findings of facts justify the conclusions of law the judgment of the Special Term should stand, unless some material finding of fact is without any evidence to sustain it, or unless the trial judge refused, upon request of the plaintiff, to find some material fact sustained by…
2Cases cited2 opinions
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- Shotwell v. . DixonNew York Court of Appeals · 1900
- Spencer v. . KilmerNew York Court of Appeals · 1897
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Davidson v. VaughnSupreme Court of Vermont · 1945
- In re the Estate of WendelNew York Surrogate's Court · 1932
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