Legal Opinion

Lewis v. Charles DeKay Townsend

New York Supreme Court

Decided January 15, 1913PublishedCited by 2 opinions

Motion for an order vacating and setting aside a judgment in an action of ejectment, and granting a new trial.

1Opinion of the CourtPage, J.

This is an application by the defendants for an order vacating and setting aside a judgment in an action for ejectment and granting a new trial of the action. Judgment was entered herein after a trial of the issues on December 24, 1909. By section 1524 of the Code of Civil Procedure, as it then existed, this judgment was final and conclusive as to the title established in the action upon the parties and their privies, “ except in a case where it is otherwise expressly prescribed in this act.” Referring to section 1525, which provided that, at any time within three years after such a judgment…

2Cases cited2 opinions

  1. Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
  2. Hague v. PowersNew York Supreme Court · 1863

3Cited by2 opinions

  1. Clovis Carl Green, Jr. v. Carl White, in Re Clovis Carl Green, Jr.Court of Appeals for the Eighth Circuit · 1980
  2. Lewis v. TownsendAppellate Division of the Supreme Court of the State of New York · 1913

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