Rathbone v. McConnell
New York Supreme Court
APPEAL by the defendants from an order made at a special term, reversing and setting aside a decision of the clerk of Steuben county, refusing costs to the plaintiff and allowing costs to the defendants. The order appealed from further directed that the plaintiff be allowed his costs in the action, and that the same be adjusted by the clerk, on application, and inserted in the judgment in the usual manner, as provided by statute.
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APPEAL by the defendants from an order made at a special term, reversing and setting aside a decision of the clerk of Steuben county, refusing costs to the plaintiff and allowing costs to the defendants. The order appealed from further directed that the plaintiff be allowed his costs in the action, and that the same be adjusted by the clerk, on application, and inserted in the judgment in the usual manner, as provided by statute. The complaint was as follows : “ Isaac Rathbone, the plaintiff in this action, complains of Aaron McConnell and Ira Lane, the defendants herein, and says that he the…
1Opinion of the Court
By the Court, T. R. Strong, J.
The plaintiff alleges in his complaint that he “ for a long time past has been, and still is, the owner and in the possession”.of the lands and premises ; and the defendants in their answer put the allegation in issue, by denying it generally, and also by averring that they “ have not any knowledge or information thereof sufficient to form a belief.” In order to determine whether a “claim of title to real property arises on the pleadings” thus far given, within the meaning of section 304 of the code, it is important to, consider what was' necessary to be proved…
2Cases cited8 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Heaton v. FerrisNew York Supreme Court · 1806
- Davis v. TownsendNew York Supreme Court · 1851
- Powell v. RustNew York Supreme Court · 1850
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3Cited by12 opinions
- Fowler v. FowlerSupreme Court of Connecticut · 1884
- Honsee v. HammondNew York Supreme Court · 1862
- Powers v. ConroyNew York Supreme Court · 1874
- Quinn v. WinterNew York Court of Common Pleas · 1889
- Western New York Water Co. v. City of Niagara FallsNew York Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.