Legal Opinion

Champion v. Webster

New York Supreme Court

Decided October 15, 1860Published

Motion to dismiss complaint, with costs, for plaintiff’s omission to bring the action to trial. This action was brought by Anson Gr. Champion against Albert Webster and others,, to foreclose a mortgage. The facts are stated in the opinion.

1Opinion of the CourtHogeboom, J.

The defendant, Polly Webster, moves for a judgment dismissing the complaint with costs for not bringing this cause to trial at the last Columbia circuit, held in September, 1860. The papers show that the cause was noticed for trial, and on the calendar for September circuit, 1859, and has not since been noticed or put on the calendar by either party. The suit was brought to foreclose a mortgage, and Polly Webster was made defendant, as having a right of dower in the proceeds, and also as a subsequent mortgagee. In her answer she claimed her rights as doweress, and, also, as to one half of the…

2Cases cited5 opinions

  1. Pratt v. RamsdellNew York Supreme Court · 1857
  2. Gallagher v. EganThe Superior Court of New York City · 1850
  3. Haskins v. SeborNew York Supreme Court · 1801
  4. AnonNew York Supreme Court · 1832
  5. Hawley v. SeymourNew York Supreme Court · 1853

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