Sibley v. . Waffle
New York Court of Appeals
Appeal from, the Supreme Court. The plaintiff, Sibley, commenced his action to obtain possession of eleven acres iof land purchased by him at a sale made by Stephen Dusenbury, administrator of the estate of his deceased father, Moses Dusenbury, in pursuance of an order of the surrogate of Monroe county.
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Appeal from, the Supreme Court. The plaintiff, Sibley, commenced his action to obtain possession of eleven acres iof land purchased by him at a sale made by Stephen Dusenbury, administrator of the estate of his deceased father, Moses Dusenbury, in pursuance of an order of the surrogate of Monroe county. On the trial, at the Monroe circuit, the plaintiff proved the title of Moses Dusenbury, the intestate, to the land in question; that he resided in Monroe county, and died there, leaving a widow and six children, of whom two resided in Ohio, and the others in Monroe county during all the…
1Opinion of the CourtBowen, J.
The pleadings in this action were put in when the Code of 1849 was in force, the one hundred and sixty-eighth section of which provided that every material allegation of new matter in an answer, not specifically controverted by a reply, should, for the purposes, of the action, be taken as true. As the plaintiff did not reply to the answer, if the cause had been tried while the then existing Code was in force, the defendant would have been entitled to judgment on the pleadings, if the “ new matter ” contained in the answer constituted a defence. But the cause was not tried until 1853, and in…
2Cases cited6 opinions
- Mills v. MartinNew York Supreme Court · 1821
- Atkins v. KinnanNew York Supreme Court · 1838
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Jackson ex dem. Haverly v. FrenchNew York Supreme Court · 1829
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wolfle v. United StatesSupreme Court of the United States · 1934
- Morrill v. MorrillOregon Supreme Court · 1890
- People v. OsorioNew York Court of Appeals · 1989
- Mickel v. HicksSupreme Court of Kansas · 1878
- McWilliams v. . MasonNew York Court of Appeals · 1865
17 more not listed; retrieve them via the Exa API.