Village of Oxford v. . Willoughby
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated iii the opinion. The judgment of the Special Term having been affirmed by a unanimous Appellate Division, two questions at least are open for review in this court. First.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated iii the opinion. The judgment of the Special Term having been affirmed by a unanimous Appellate Division, two questions at least are open for review in this court. First. Whether there was any legal error in the admission and rejection of evidence on the trial. Second. Are the facts found…
1Opinion of the CourtGray, J.
The plaintiff brought this action, in equity, to enjoin the defendants from encroaching upon one of its public streets by the erection of an addition to a building, and to compel the removal of the encroachment. The answer put in issue the right of the plaintiff to maintain the action, and the question whether the land, upon which the structure was to be erected, formed a part of the public street. The findings of- the trial court showed that the south line of the street, (upon which the encroachment is claimed to be made), has been defined and located for more than fifty years; that a…
2Cases cited1 opinion
- Wakeman v. . WilburNew York Court of Appeals · 1895
3Cited by15 opinions
- New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
- City of New York v. . RiceNew York Court of Appeals · 1910
- Village of Haverstraw v. . EckersonNew York Court of Appeals · 1908
- Dozier v. City of AustinCourt of Appeals of Texas · 1923
- Coombs v. City of HoustonCourt of Appeals of Texas · 1930
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