Davis v. Lambertson
New York Supreme Court
APPEAL from an order of the special term, setting aside an adjustment of costs by the clerk of this court, in favor of the defendants. The plaintiff complained that for several years he had been the owner of a lot of land of about eighteen acres, with a dwelling house thereon in which he lived, which land had a small stream running through it, which was durable, and of good, pure, wholesome'water; at which his horses and cattle were accustomed at all times to drink.
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APPEAL from an order of the special term, setting aside an adjustment of costs by the clerk of this court, in favor of the defendants. The plaintiff complained that for several years he had been the owner of a lot of land of about eighteen acres, with a dwelling house thereon in which he lived, which land had a small stream running through it, which was durable, and of good, pure, wholesome'water; at which his horses and cattle were accustomed at all times to drink. That the defendants, some years thereafter, and in the spring of 1864, erected a cheese factory near the stream and higher up…
1Opinion of the Court
By the Court,
Foster, J.
I have no doubt that this was an equity action, and that it continued to be so, to the final determination made of it by the referee. As well before as since the Code, a party was at liberty to commence a suit in equity, and in the same action to claim not only ultimate and complete redress for the injury alleged, but also the damages which he had sustained; not merely *484to the time of the commencement of the action, as at law, but down to the trial and disposition of the cause.
There can be no question that a court of equity has cognizance of an action brought to restrain…
2Cases cited1 opinion
- Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
3Cited by13 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Ex Parte HadacheckCalifornia Supreme Court · 1913
- Carl v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1879
- Fogarty v. Junction City Pressed Brick Co.Supreme Court of Kansas · 1893
- Olmsted v. RichNew York Supreme Court · 1889
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