Cornes v. . Harris
New York Court of Appeals
Harris commenced an action against Cornes in the Supreme Court by writ of nuisance in the form prescribed by "2 B. S. 332, § 3. The declaration afterwards put in commenced thus: “ Oneida County, ss.
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Harris commenced an action against Cornes in the Supreme Court by writ of nuisance in the form prescribed by "2 B. S. 332, § 3. The declaration afterwards put in commenced thus: “ Oneida County, ss. George Cornes was summoned by writ according to the form of the statute in such case provided, to answer Oliver Harris in a plea of nuisance, wherefore he hath raised a certain slaughter house, and divers cattle pens, hog pens, &c.; and thereupon the said Oliver Harris by, &c., complains of the said. George Cornes : For that,” &c. The declaration then went on to state that the plaintiff was…
1Opinion of the CourtBronson, J.
If this is the old assise of nuisance, there is no doubt But that the declaration is insufficient and the judgment erroneous. But if it is an action on the case, it is equally clear that the declaration is sufficient and the judgment right. On the motion in arrest of judgment the Supreme Court held, and we think very properly, that it ivas an action on the case. The defendant insists that it is a writ of nuisance because the plaintiff has given the action that name in the commencement of the declaration; and because a writ of nuisance seems to have been issued to bring the defendant into…
2Cases cited1 opinion
- M'Farlan v. TownsendNew York Supreme Court · 1837
3Cited by3 opinions
- Hutchins v. SmithNew York Supreme Court · 1872
- Fisher v. RankinNew York Supreme Court · 1889
- In re: Roberto Davila de Pedro and Rita I Torres CollazoUnited States Bankruptcy Court, D. Puerto Rico · 2016