From Casetext: Smarter Legal Research

Ludlow v. the Rector, Ch. Wardens Vestrymen

Court of Appeals of the State of New York
Jan 28, 1913
207 N.Y. 689 (N.Y. 1913)

Summary

In Lindsay v. Lindsay, 257 Ill. 328, 100 N.E. 892, 45 L.R.A. (N.S.) 908, Ann. Cas. 1914A, 1222, the supreme court of Illinois dealt at length with the questions which we are called upon to consider here. It was there held that — "Conferring upon an existing court jurisdiction over juvenile delinquents, and designating it as a juvenile court while exercising such jurisdiction, does not create a new court unauthorized by the Constitution" of Illinois.

Summary of this case from Bryant et al. v. Brown

Opinion

Argued January 14, 1913

Decided January 28, 1913

Augustus Van Wyck, Timothy M. Griffing and Joseph Wood for appellant.

Joseph M. Belford and Robert J. Fox for respondent.


Without entering upon a discussion of the other questions presented on this appeal, we reach the conclusion that the order appealed from must be reversed and the judgment of the Special Term affirmed for the following reason:

In order to maintain this action it was incumbent on the plaintiff to establish that she had been in possession of the real property involved in the action for at least a year before the commencement of her action. Her allegation in the complaint to this effect was denied by the defendant, and the court at Special Term refused to find as requested by her that she had thus been in possession. Under the provisions of the Code, as it existed at the time, it must be assumed that the reversal by the Appellate Division was upon questions of law and not of fact. Especially, in view of the peculiar nature of the property involved in this action, it cannot be said, as matter of law, that the plaintiff was in possession of the premises as required by the Code, and, therefore, under the refusal of the trial court to find as requested, she has failed to establish this fact essential to her recovery.

The order and judgment of the Appellate Division should be reversed and the judgment of the Special Term affirmed, with costs in both courts.

CULLEN, Ch. J., WERNER, WILLARD BARTLETT, HISCOCK, CHASE, COLLIN and HOGAN, JJ., concur.

Order reversed, etc.


Summaries of

Ludlow v. the Rector, Ch. Wardens Vestrymen

Court of Appeals of the State of New York
Jan 28, 1913
207 N.Y. 689 (N.Y. 1913)

In Lindsay v. Lindsay, 257 Ill. 328, 100 N.E. 892, 45 L.R.A. (N.S.) 908, Ann. Cas. 1914A, 1222, the supreme court of Illinois dealt at length with the questions which we are called upon to consider here. It was there held that — "Conferring upon an existing court jurisdiction over juvenile delinquents, and designating it as a juvenile court while exercising such jurisdiction, does not create a new court unauthorized by the Constitution" of Illinois.

Summary of this case from Bryant et al. v. Brown
Case details for

Ludlow v. the Rector, Ch. Wardens Vestrymen

Case Details

Full title:MARY McLEAN LUDLOW, Respondent, v . THE RECTOR, CHURCH WARDENS AND…

Court:Court of Appeals of the State of New York

Date published: Jan 28, 1913

Citations

207 N.Y. 689 (N.Y. 1913)
100 N.E. 892

Citing Cases

State ex Rel. Minot v. Gronna

43 CJS Sec 7, p 55. In considering the constitutionality of the juvenile court law of Illinois, which in a…

State v. Monahan

Attacks on the legislation based on the absence of indictment, trial by jury and the other constitutional…