The West Point Iron. Co. v. . Reymert
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second district, affirming a judgment for the plaintiff on a trial by the court without a jury. The place of trial named in the complaint is Putnam county; the trial was had at Poughkeepsie, without any order for the change of the place of trial, but without objection at the trial. The plaintiff claimed to be the owner of an iron mine, known as the “ Pratt Iron Mine,” in Putnam county.
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Appeal from an order of the General Term of the Supreme Court, in the second district, affirming a judgment for the plaintiff on a trial by the court without a jury. The place of trial named in the complaint is Putnam county; the trial was had at Poughkeepsie, without any order for the change of the place of trial, but without objection at the trial. The plaintiff claimed to be the owner of an iron mine, known as the “ Pratt Iron Mine,” in Putnam county. The defendants deny the plaintiff’s title to the mine, and claim under a mining lease granted to them by Benjamin Forman, the surface…
1Opinion of the CourtAllen, J.
The action was tried in the county of Dutchess, and by the court without a jury, without objection on the part of the defendants. If the trial should have been in Putnam, and by a jury, it was for the defendants to assert their rights at the trial; and by not then claiming them, they waived them, and must be regarded as having assented to the place and mode of trial.
It was a proper case for relief by injunction, if the plaintiff’s right to the mine was established, and it was not necessary that the right should be first established in an action at law. The injury complained of was not a mere…
2Cases cited2 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
3Cited by47 opinions
- Bettman v. HarnessWest Virginia Supreme Court · 1896
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
- Freudenberger Oil Co. v. SimmonsWest Virginia Supreme Court · 1914
- Trustees of Canandarqua Academy v. McKechnieNew York Court of Appeals · 1882
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