Warren v. Buckley
New York Supreme Court
Motion by the defendant for an additional allowance of costs under section 309 of the Code. This action was brought by Stephen E. Warren and others against Peter H. Buckley. The plaintiffs in their complaint allege, in substance, that they are seized in fee and possessed of the premises therein described, and that the defendant wrongfully entered thereon and dug up and removed a quantity of earth and fence posts, wrongfully claiming the right so to do.
Read the full summary
Motion by the defendant for an additional allowance of costs under section 309 of the Code. This action was brought by Stephen E. Warren and others against Peter H. Buckley. The plaintiffs in their complaint allege, in substance, that they are seized in fee and possessed of the premises therein described, and that the defendant wrongfully entered thereon and dug up and removed a quantity of earth and fence posts, wrongfully claiming the right so to do. The plaintiffs in the complaint demanded one hundred dollars damages, and therein stated that the title of the plaintiffs in and to the land…
1Opinion of the CourtIngalls, J.
Independent of the allegation in the complaint, “that the title of the plaintiffs in and to said land is involved in the action,” it is clearly shown that such title constituted the paramount subject of investigation, and that the plaintiffs instituted the action to establish their right to the exclusive possession of the land, and not to recover compensation for a comparatively trifling trespass; and this involved necessarily a question as to the title, and consequently the subject-matter of the action was the land (Powers v. Conroy, 47 How. Pr. 84; Ehle v. Quackenboss, 6 Hill, 537). The…
2Cases cited1 opinion
- Powers v. ConroyNew York Supreme Court · 1874
3Cited by1 opinion
- Hayden v. MathewsAppellate Division of the Supreme Court of the State of New York · 1896