Dexter v. Alfred
New York Supreme Court
Appeal from special term, Franklin county. Action of trespass by Orrando P. Dexter against Warren Joseph Alfred. From judgment on an order overruling a demurrer to the answer, plaintiff appeals.
1Opinion of the CourtMayham, P. J.
The plaintiff demurred to the second and third counts ■of the defendant’s answer. The complaint was for trespass in entering upon lands of the plaintiff, alleging, in various forms over 30 distinct allegations of wrongful entries and trespasses on the plaintiff’s premises by the defendant. The second count in the answer, and the one to which the first branch of the demurrer is directed, alleges, in substance, that in January, 1890, in pursuance of chapter 114 of the Laws of 1880, one Henry Foster, the commissioner of highways of the town in which the plaintiff’s premises are situate, laid out…
2Cases cited3 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Clark v. . MillerNew York Court of Appeals · 1874
- People ex rel. Dexter v. HosierNew York Supreme Court · 1890
3Cited by2 opinions
- Smith v. SageThe Superior Court of New York City · 1893
- Smith v. SageThe Superior Court of the City of New York and Buffalo · 1893