In re Callahan

Appellate Division of the Supreme Court of New York

In re Callahan

258 A.D. 766, 14 N.Y.S.2d 720, 1939 N.Y. App. Div. LEXIS 6805

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1939

StatusPublished

This text of 258 A.D. 766 (In re Callahan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Callahan, 258 A.D. 766, 14 N.Y.S.2d 720, 1939 N.Y. App. Div. LEXIS 6805 (N.Y. Ct. App. 1939).

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Opinion

Appeal from an order of the Special Term of the Supreme Court, made on May 11, 1939, and entered in the Hamilton county clerk’s office. This is a proceeding to perpetuate the testimony of certain witnesses with relation to the title and possession of real estate. The petition alleges and the answering affidavits deny that the petitioners have been in possession of the premises in question for the year next preceding the institution of this proceeding. The order appealed from directed that the issues raised by the petition and answering affidavits as to possession be referred for the purpose of taking and reporting to the Special Term the proof in support of the allegations of the petition and in opposition thereto. The appellants contend that the Special Term was without jurisdiction to grant such an order and also that it could not properly be granted because an action concerning the title to the land was then pending. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Bliss, Heffernan, Sehenek and Foster, JJ.

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Appeal from an order of the Special Term of the Supreme Court, made on May 11, 1939, and entered in the Hamilton county clerk’s office. This is a proceeding to perpetuate the testimony of certain witnesses with relation to the title and possession of real estate. The petition alleges and the answering affidavits deny that the petitioners have been in possession of the premises in question for the year next preceding the institution of this proceeding. The order appealed from directed that the issues raised by the petition and answering affidavits as to possession be referred for the purpose of taking and reporting to the Special Term the proof in support of the allegations of the petition and in opposition thereto. The appellants contend that the Special Term was without jurisdiction to grant such an order and also that it could not properly be granted because an action concerning the title to the land was then pending. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Bliss, Heffernan, Sehenek and Foster, JJ.

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Bluebook (online)

258 A.D. 766, 14 N.Y.S.2d 720, 1939 N.Y. App. Div. LEXIS 6805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-callahan-nyappdiv-1939.