Phelps v. Wood
New York Supreme Court
Motion to set aside so much of the judgment entered as awards costs to the plaintiffs, entered without any application to the court, and without any direction by the court or referee in regard to costs, and without notice of taxation.
Read the full summary
Motion to set aside so much of the judgment entered as awards costs to the plaintiffs, entered without any application to the court, and without any direction by the court or referee in regard to costs, and without notice of taxation. This action was brought by Pliny Phelps and others, plaintiffs, against George W. Wood and others, defendants, claiming that plaintiffs and defendants, except defendant Wood, as heirs-at-law and next of kin of one Benjamin Phelps, deceased, were tenants in common with defendant Wood in a house and lot in Camden village; and that said defendant Wood had received…
1Opinion of the CourtHardin, J.
The summons in this action asks for relief. The complaint states the respective estates of the respective parties in the premises described in the complaint, and asks in its prayer for a recovery by the “ plaintiffs, and all other persons who are tenants in common with defendant, Wood, in the proportions to which they are respectively entitled, and of the money and property received by Wood as the rents, issues and profits of said premises and interest"thereon, * * * and for such other or fm'ther relief as to this court may seem meet, and that said defendant, Wood, be adjudged to pay the…
2Cases cited7 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- United States v. NickersonSupreme Court of the United States · 1855
- Morgan v. KingNew York Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Knapp v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893