McCracken v. . Flanagan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The order of publication of the summons in Cartan v. Kahle, and of the sufficiency of the affidavit upon which the same was granted, cannot be questioned in this action. The judge granting the order being vested with jurisdiction to pass upon the sufficiency…
1Opinion of the CourtEarl, J.
This is an action of ejectment to recover certain land situated in the county of Westchester. The action has been tAvice tried. On the first trial there was judgment for the. defendants, which was affirmed at the General Term. Hpon further appeal to the Court of Appeals it Avas reversed and a new trial Avas granted. The action was again brought to trial before a judge Avithout a jury and was submitted by both sides upon facts stipulated.
The plaintiff bases his title upon the folloAving facts: Henry liable Avas seized in fee and possessed of the lands on the first day of December, 1867. On the…
2Cases cited1 opinion
- McCracken v. . FlanaganNew York Court of Appeals · 1891
3Cited by6 opinions
- Hardware v. GreenAppellate Division of the Supreme Court of the State of New York · 1980
- Berlin v. SordilloAppellate Division of the Supreme Court of the State of New York · 1992
- Mizerik v. MizerikAppellate Division of the Supreme Court of the State of New York · 1991
- Village of Highland Falls v. Town of HighlandsNew York Supreme Court · 1981
- Federal National Mortgage Ass'n v. Rick Mar Construction Corp.New York Supreme Court · 1988
1 more not listed; retrieve them via the Exa API.