Morris v. . Henry
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 5, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 5, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action is not barred by order of the Supreme Court made in the proceeding instituted by the trustee; nor are these appellants estopped to prosecute this action by that order or by the deed made by the trustee; nor are the questions raised in this suit…
1Opinion of the CourtCollin, J.
The plaintiffs seek in this action an adjudication that an order granted by the Supreme Court on November 7, 1891, the sale pursuant to it, and the deed given to effect the sale were and are void as against the plaintiffs. Thus far they have been defeated.
Immediately after the order of November 7, 1891, was entered the plaintiffs by their guardian ad litem appealed from it to the General Term of the Supreme Court. Their appeal resulted in an order affirming the order appealed from. (Matter of Morris, 63 Hun, 619.) Their appeal to this court was likewise unsuccessful. (Matter of Morris, 133 N.…
2Cases cited2 opinions
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Losey v. . StanleyNew York Court of Appeals · 1895
3Cited by24 opinions
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- Hodges v. EttingerOhio Supreme Court · 1934
- In re the Construction of the Will of PotterNew York Court of Appeals · 1954
- Segarra v. Banco Central Y Economias (In Re Segarra)United States Bankruptcy Court, D. Puerto Rico · 1981
- Craig Wrecking Co. v. S. G. Loewendick & Sons, Inc.Ohio Court of Appeals · 1987
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