Powers v. Conroy
New York Supreme Court
Motion in the nature of an appeal from the action of the clerk of Jefferson county, adjusting costs in favor of the plaintiff, and refusing to allow costs to the defendants. The plaintiff, on a trial before a referee, recovered twenty-five dollars damages, and both parties presented bills of costs to the clerk for taxation. The clerk taxed costs for the plaintiff.
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Motion in the nature of an appeal from the action of the clerk of Jefferson county, adjusting costs in favor of the plaintiff, and refusing to allow costs to the defendants. The plaintiff, on a trial before a referee, recovered twenty-five dollars damages, and both parties presented bills of costs to the clerk for taxation. The clerk taxed costs for the plaintiff. The plaintiff in her complaint alleged that she, as tenant of the defendant Catharine Conroy, was in possession of certain rooms in a building belonging to her, and that she wrongfully broke and entered into said rooms, and carried…
1Opinion of the CourtHardin, J.
To enable the plaintiff to recover it was only necessary to allege and prove:
1. The actual possession of the premises.
2. Wrongful entry by the defendants.
3. The damages.
*86A general denial of these allegations, and evidence confined to them, would not have presented upon the pleadings or upon the trial the title to real property, nor “ a claim of title ” (7 Wend., 495; 15 Abb., 449).
But the defendant alleged a right to interfere with the plaintiff’s possession. The referee certifies “ it was a disputed and litigated question as to whether the- plaintiff was or not a tenant or trespasser upon the…
2Cases cited5 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Rathbone v. McConnellNew York Supreme Court · 1855
- Powell v. RustNew York Supreme Court · 1850
- Brown v. MajorsNew York Supreme Court · 1831
- Main v. CooperNew York Supreme Court · 1857
3Cited by2 opinions
- Wilkins v. WilliamsNew York Supreme Court · 1888
- Warren v. BuckleyNew York Supreme Court · 1877