Boyce v. Brown
New York Supreme Court
Appeal, by the defendant, from the judgment rendered by the judge at the circuit, upon the issues of law arising upon the pleadings.
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Appeal, by the defendant, from the judgment rendered by the judge at the circuit, upon the issues of law arising upon the pleadings. The complaint alledged that on the 26 th of May, 1848, the defendant, wrongfully and without leave, entered upon the lands in the possession of the plaintiff, with his horses and wagons, and trod down,, ate up and destroyed the grass and herbage and crops there growing; and that he wrongfully broke, carried away, and destroyed the gates, bars and fences, potatoes, corn and wood of the plaintiff; that he wrongfully opened the gates and bars to the plaintiff’s…
1Opinion of the Court
By the Court, Hand, J.
The answer admits an entry upon the land of the plaintiff, and sets up matter in justification; and the important question is, does it in substance contain a justification? It was put in before the code was amended. The code then required that the answer should contain, “ In respect to each allegation of the complaint controverted by the defendant a specific denial thereof, or of any knowledge thereof, sufficient to form a belief. 2d. A statement of any new matter constituting a defense, in ordinary and concise language, without repetition, and in such a manner as to…
2Cases cited7 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Prince v. CaseSupreme Court of Connecticut · 1835
- Church v. GilmanNew York Supreme Court · 1836
- Holmes v. SeelyNew York Supreme Court · 1838
- Utica & Schenectady Railroad v. BrinckerhoffNew York Supreme Court · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kripp v. CurtisCalifornia Supreme Court · 1886
- Fry v. BennettThe Superior Court of New York City · 1851
- Arthur v. BrooksNew York Supreme Court · 1853
- Van Schaick v. WinneNew York Supreme Court · 1852
- Munn v. CookNew York Supreme Court · 1890
13 more not listed; retrieve them via the Exa API.