From Casetext: Smarter Legal Research

Williams v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1952
281 App. Div. 691 (N.Y. App. Div. 1952)

Opinion

December 8, 1952.


In an action to impress a trust on real property, judgment dismissing the complaint reversed on the law and action remitted to the court at Special Term for a proper decision, pursuant to section 440 of the Civil Practice Act. The conclusion of the trial court that it was of opinion that the plaintiff had not made out a case is insufficient to enable us to determine what facts the trial court deemed essential or the allegations of the complaint as to which the trial court concluded the plaintiff had not sustained the burden of proof. ( Mario v. De Oteris, 275 App. Div. 790; Hartman v. Hartman, 279 App. Div. 606.) Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.


Summaries of

Williams v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1952
281 App. Div. 691 (N.Y. App. Div. 1952)
Case details for

Williams v. Williams

Case Details

Full title:CHARLES V. WILLIAMS, Appellant, v. EDWARD C. WILLIAMS, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 1952

Citations

281 App. Div. 691 (N.Y. App. Div. 1952)

Citing Cases

Owens v. Owens

In an action for separation on the grounds of cruel and inhuman treatment and abandonment, judgment…