Legal Opinion · Dissent

Mott v. Eno

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904Published

Cross-appeals by the plaintiffs, Hopper S. Mott and others, and by the defendant, Amos F. Eno, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of June, 1903,¡ upon the report of a referee.

1DissentHatch, J.

I concur in the views expressed by Mr. Justice Ingraham in this case, save upon a single question, and as that is a controlling one in the case it necessarily involves a dissent from the conclusions *603reached by the court. The facts which this case presents are involved to the last degree. They have been admirably stated by Mi-. Justice Ingraham in his learned and exhaustive opinion and need not be further adverted to by me, except so far as it is necessary to express an opinion upon the particular question which is the subject of disagreement.

It is undisputed that the act of 1847 (Chap. 203)…

2Cases cited29 opinions

  1. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  2. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  3. In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
  4. Mott v. . MottNew York Court of Appeals · 1877
  5. Brewster v. . StrikerNew York Court of Appeals · 1848

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