Haight v. . Littlefield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Sej)tember 12,1893, which modified, and affirmed as modified, a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee’s denial of the motion to allow defendants to amend their answer was erroneous. (Code Civ.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Sej)tember 12,1893, which modified, and affirmed as modified, a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee’s denial of the motion to allow defendants to amend their answer was erroneous. (Code Civ. Pro. §§ 723, 1018.) The defendants having become the owners of all the land surrounding the fifty-foot strip, could, notwithstanding the nonacceptance…
1Opinion of the Court
O’Beieh", J.
The purpose of this action was to protect, through the judgment and decree of a court of equity, a right of way which the plaintiffs claim as appurtenant to their land, and to prevent its unlawful obstruction by the defendants. The facts which lie at the basis of the controversy have been alleged in the complaint, and found by the referee in great detail and with minute regard to every conveyance in the chain of title of both parties. The questions involved in this appeal can be sufficiently presented by a brief reference to some of the main or general facts alleged and found.
On…
2Cases cited4 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Lord v. . AtkinsNew York Court of Appeals · 1893
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- People v. . UnderhillNew York Court of Appeals · 1895
3Cited by37 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
- United States v. Wheeler Tp.Court of Appeals for the Eighth Circuit · 1933
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Blenis v. Utica Knitting Co.New York Supreme Court · 1911
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