Roberts v. . Baumgarten
New York Court of Appeals
Appeal from order of tlie General Term of the Superior Court of the city of New York, made December 1, 1890, which affirmed an order of the Special Term vacating and setting aside an order which vacated judgment awarding possession of certain real property to defendant and granted a new trial.
Read the full summary
Appeal from order of tlie General Term of the Superior Court of the city of New York, made December 1, 1890, which affirmed an order of the Special Term vacating and setting aside an order which vacated judgment awarding possession of certain real property to defendant and granted a new trial. The facts, so far as material, are stated in the opinion The only limitation upon the rights of suitors to successive trials in ejectment in this state is fóund in the provisions of the Code of Civil Procedure relating to actions for the recovery of real property; and the unsuccessful party in such an…
1Opinion of the Court
Bugee, Ch. J.
The plaintiff, by this proceeding, seeks to avail himself of the right to a new trial in an ejectment case conferred by sections 1524 and 1525 of the Code of Civil Procedure.
Those sections substantially provide, first, that, except as otherwise expressly provided, a final judgment in ejectment rendered upon the trial of an issue of fact is conclusive as to the title established in the action upon each party against whom it is rendered and all persons claiming through or under him. (§ 1525.) “ The court at any time within three years after such a judgment is rendered and the…
2Cases cited3 opinions
- Christie v. BloomingdaleNew York Supreme Court · 1859
- People v. . HarrisonNew York Court of Appeals · 1924
- Sacia v. . O'ConnorNew York Court of Appeals · 1879
3Cited by15 opinions
- Moloney v. . NelsonNew York Court of Appeals · 1899
- Canfield v. Elmer E. Harris & Co.New York Court of Appeals · 1930
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Rose v. . HawleyNew York Court of Appeals · 1894
- Weiman v. WeimanNew York Court of Appeals · 1946
10 more not listed; retrieve them via the Exa API.