Muller v. Naumann
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Henry Haumann and others, for a new trial upon a case containing exceptions, ordered to be heard at the General Term, in the first instance, upon the verdict of a ¡jury,, rendered by direction of the court after a trial at the New York Circuit Court. . The action is brought in ejectment to recover the possession of property and damages for its alleged unlawful retention by the defendant Haumann since 1876, the plaintiffs claiming title thereto by…
Read the full summary
Motion by the defendants, Henry Haumann and others, for a new trial upon a case containing exceptions, ordered to be heard at the General Term, in the first instance, upon the verdict of a ¡jury,, rendered by direction of the court after a trial at the New York Circuit Court. . The action is brought in ejectment to recover the possession of property and damages for its alleged unlawful retention by the defendant Haumann since 1876, the plaintiffs claiming title thereto by virtue of the will- of Adam Muller, who died February 6, 1873. The testator left him surviving his widow, Matilda Muller,…
1Opinion of the Court
O’Brien, J.:
Were it not for the new trial which we think should be had in this case, and upon which many of the same questions now before us for consideration will be presented, we might content ourselves with stating one ground which is fatal to the judgment.. To the end, however, that we may relieve the work of the trial judge, we deem it necessary briefly to refer to some of the other questions presented upon this record and which in all likelihood will again be urged upon such new trial.
The defendant, in the effort to support his title, alleged and sought to prove as a defense a former…
2Cases cited2 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- O'Donoghue v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Steingut v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1947