Jackson ex dem. Gouverneur v. Stiles

New York Supreme Court

Jackson ex dem. Gouverneur v. Stiles

2 Cow. 596

DecidedMay 15, 1824

StatusPublished

This text of 2 Cow. 596 (Jackson ex dem. Gouverneur v. Stiles) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson ex dem. Gouverneur v. Stiles, 2 Cow. 596 (N.Y. Super. Ct. 1824).

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Opinion

Curia.

To warrant the rule as applied for, it should, at least, appear that the defence in the first suit was upon the same title, as the one sought to be enforced here by Miss Gouverneur, as lessor of the plaintiff. Now this could not have been so, for Miss Gouverneur claimed, in opposition to the title of the tenant in the former suit; and she was denied a defence upon the very ground that her title could not be tried, as the former action was shaped. The relation of tenant and landlords, between' Tucker and the former lessors, shut out all dispute about their title, or that of Miss Gouverneur $ and this too, upon an objection made by themselves. Here, then, has been no trial, or chance to try the title of the present lessors, either directly by themselves, or through any one in privity with them.

Motion denied.

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Curia.

To warrant the rule as applied for, it should, at least, appear that the defence in the first suit was upon the same title, as the one sought to be enforced here by Miss Gouverneur, as lessor of the plaintiff. Now this could not have been so, for Miss Gouverneur claimed, in opposition to the title of the tenant in the former suit; and she was denied a defence upon the very ground that her title could not be tried, as the former action was shaped. The relation of tenant and landlords, between' Tucker and the former lessors, shut out all dispute about their title, or that of Miss Gouverneur $ and this too, upon an objection made by themselves. Here, then, has been no trial, or chance to try the title of the present lessors, either directly by themselves, or through any one in privity with them.

Motion denied.

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Bluebook (online)

2 Cow. 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-gouverneur-v-stiles-nysupct-1824.