Lynk v. . Weaver
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 12, 1890, which affirmed an order of Special Term denying a motion for a retaxation of costs. The plaintiff brought this action in the Supreme Court to recover damages for injuries to her real estate, and she recovered a verdict for thirty dollars. Both parties claimed the costs of the action and the clerk taxed them in favor of the plaintiff.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 12, 1890, which affirmed an order of Special Term denying a motion for a retaxation of costs. The plaintiff brought this action in the Supreme Court to recover damages for injuries to her real estate, and she recovered a verdict for thirty dollars. Both parties claimed the costs of the action and the clerk taxed them in favor of the plaintiff. The facts, so far as material, are stated in the opinion. The only pleadings in this action are the complaint and the amended answer. (Code Civ.…
1Opinion of the CourtEarl, J.
The plaintiff, in her complaint, alleged that she was seized of certain land, subject to an estate in her mother, who was entitled to the use and possession of the same during her minority, and that the defendant wrongfully and unlawfully entered upon the land and cut and removed therefrom certain trees of the valne of three hundred dollars, and thus diminished her inheritance to that amount, and she claimed that the defendant had thus forfeited to her under the statute and become liable to pay her treble the amount of such damages, and she demanded judgment for $900. The defendant, in his…
2Cases cited4 opinions
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
- In re BrownNew York Supreme Court · 1839
- Hall v. . Western Transportation Co.New York Court of Appeals · 1866
- Kelly v. New York & Manhattan Beach Railway Co.New York Court of Appeals · 1880
3Cited by9 opinions
- Schneider v. SchneiderNew York Court of Appeals · 1966
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
- In re the Estate of HorchlerAppellate Division of the Supreme Court of the State of New York · 1971
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Olin J. Stephens, Inc. v. Laykenack Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1915
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