Ellarson v. Ellarson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David Ellarson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schoharie on the 7th day of January, 1921, on the verdict of a jury, and also from an order, entered in said clerk’s office on the 21st day of January, 1921, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Van Kirk, J.:
The action was brought to recover $360, alleged to be the fair value of four cows belonging to plaintiff and wrongfully sold by the defendant.
The defendant, appellant, complains that he has been prejudiced because the attorney for the plaintiff persisted in asking questions, not material or proper, which would have a tendency to influence the jury unfavorably. The plaintiff is the mother of the defendant. There had been differences between the plaintiff and her husband (father of defendant) and the questions complained of referred to their separation and the payment of alimony.…
2Cases cited2 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Livingston v. KierstedNew York Supreme Court · 1813
3Cited by18 opinions
- People v. RensingNew York Court of Appeals · 1964
- Taborsky v. StateSupreme Court of Connecticut · 1955
- United States v. HissDistrict Court, S.D. New York · 1950
- Peckham v. United StatesCourt of Appeals for the D.C. Circuit · 1953
- State v. WilsonOhio Court of Appeals · 1982
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