Legal Opinion
Lambert v. Huber
New York Supreme Court
Decided January 15, 1898PublishedCited by 1 opinion
Action for an injunction.
1Opinion of the CourtLaughlin, J.
This action is brought- to enjoin the defendant from permanently obstructing lands which plaintiff claims to own or to have an easement in as an alley to be used in connection with his abutting premises, and also to compel the removal of obstructions heretofore placed thereon.
I think it a proper subject for the jurisdiction of a court of equity, and the objection that plaintiff should first establish his title in a¡ court of law is not fatal, especially since such objection is not raised by the answer. Baron v. Korn, 127 N. Y. 224; Ranscht v. Wright, 9 App. Div. 108.
Locust street, in the city…
2Cases cited11 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Baron v. . KornNew York Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Reiter v. Landon Homes, Inc.New York Supreme Court · 1968