Kissam v. Hamilton
New York Supreme Court
Motion for leave to file referee’s report in each of these actions nunc pro tunc as of July 1,1857, and to enter judgment therein, the defendant having died; also to substitute Elisha G. Shepard as defendant in each cause. The actions were ejectment.
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Motion for leave to file referee’s report in each of these actions nunc pro tunc as of July 1,1857, and to enter judgment therein, the defendant having died; also to substitute Elisha G. Shepard as defendant in each cause. The actions were ejectment. They were commenced in 1854-5. They were put at issue and referred by consent of parties to Judge Paige, Judge Gibson and Judge Belbing, as referees, who heard the same, and to whom they were finally submitted, in January, 1856. In January, 1858, the defendant Hamilton died. In August, 1859, the referees made their report in each cause in favor…
1Opinion of the Court
Bockes, Justice.
The motion for leave to file the report of the referees in these actions, and to enter judgment nunc pro tunc, was first made before me in July last, and it seemed to me that there was an insuperable difficulty in the way of the motion, for the reason that there was no defendant, nor any one, before me, representing the interest of the late defendant in the actions. The motion was made by the attorney for the late defendant, and in behalf of his administrators.
The notice of motion was by E. F. B., “ attorney for defendant, and for administratrix and administrators of said…
2Cases cited8 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ryghtmyre v. DurhamNew York Supreme Court · 1834
- Sample v. BarnesSupreme Court of the United States · 1852
- James v. BennettNew York Supreme Court · 1833
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3Cited by5 opinions
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- Craig v. CraigNew York Supreme Court · 1892
- Decker v. O'BrienNew York Court of Common Pleas · 1895
- Republic of Peru v. ReevesThe Superior Court of New York City · 1876