Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McCann v. McCarthy

Decided: April 29, 1938.

MICHAEL J. MCCANN AND BRIDGET A. MCCANN, HIS WIFE, PLAINTIFFS-RESPONDENTS,
v.
JOSEPH I. MCCARTHY AND PAULINE MCCARTHY, HIS WIFE, AND THE HOME OWNERS' LOAN CORPORATION, A BODY CORPORATE OF THE UNITED STATES, DEFENDANTS-APPELLANTS



On appeal from the Supreme Court.

For the plaintiffs-respondents, Joseph M. Degnan.

For the defendants-appellants McCarthy, William Herda Smith.

For the defendant-appellant Home Owners' Loan Corporation, James A. Lynch, Jr.

Campbell

The opinion of the court was delivered by the

CAMPBELL, CHANCELLOR. This is an appeal from a judgment in favor of the plaintiffs-respondents, entered upon a verdict in their favor, in an action of ejectment.

The plaintiffs-respondents are the owners of lands fronting on John street, in Belleville, and the defendants-appellants McCarthy are the owners of lands fronting on Rutgers street, the south rear line of the latter being the north rear line of the former; the dispute being as to a strip from 4.30 feet to 3.40 feet running the width of the lots.

The defendant-appellant Home Owners' Loan Corporation obtained leave to appear in the cause as the holder of a mortgage loan covering the lands of defendants-appellants McCarthy.

Five grounds of appeal are set down:

1. Error in refusal to direct a verdict.

2. Error in refusing to charge defendants-appellants' fourth request.

3. Error in submitting the cause to the jury.

4. Error in refusing to direct a verdict because there was no evidence to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.