Moore v. . Hamilton
New York Court of Appeals
Appeal from the Supreme Court, fifth district, affirming at General Term a judgment in favor of the plaintiffs on the report of a referee. The action was for the recovery of the possession of a lot of land, with a dwelling-house thereon, in the village of Fabius, Onondaga county, in the occupation of the defendant. Both parties claimed to derive title from William Frink, as the common source. The trial was had before the Hon. George FT. Kennedy, as sole referee.
Read the full summary
Appeal from the Supreme Court, fifth district, affirming at General Term a judgment in favor of the plaintiffs on the report of a referee. The action was for the recovery of the possession of a lot of land, with a dwelling-house thereon, in the village of Fabius, Onondaga county, in the occupation of the defendant. Both parties claimed to derive title from William Frink, as the common source. The trial was had before the Hon. George FT. Kennedy, as sole referee. The plaintiffs derived their title under a deed from the sheriff of Onondaga county to George Pettit, dated May 23, acknowledged and…
1Opinion of the Court
Leonard, C.
¡Numerous exceptions were taken to the law as found by the referee and to the rulings at the trial upon the evidence introduced by the plaintiffs, but the exceptions urged in this court relate exclusively to the admission of evidence and alleged errors at the trial.
1st. It is insisted that the referee erred in proceeding with the trial after the substitution of Ira M. Moore as one of the plaintiffs, in the place of the original plaintiff, Charles Moore, deceased.
The Code provided, at the date of the trial, in 1863, section 121, that no action abated by the death of a party, if the…
2Cases cited1 opinion
- Gibney v. . MarchayNew York Court of Appeals · 1866
3Cited by12 opinions
- Cregin v. . Brooklyn Crosstown R.R. Co.New York Court of Appeals · 1881
- Reilly v. . HartNew York Court of Appeals · 1892
- Faulk v. Aware, Inc.New York Supreme Court · 1962
- Griswold v. CaldwellNew York Court of Common Pleas · 1895
- Flannery v. SahagianAppellate Division of the Supreme Court of the State of New York · 1905
7 more not listed; retrieve them via the Exa API.