Burnet v. Kelly
New York Supreme Court
The plaintiff in his complaint averred, that on the 26th of March, 1852, the defendant forcibly entered a certain dwelling-house of the plaintiff in West Farms, Westchester county, and severed and separated therefrom a cooking-range of the plaintiff’s, belonging to said house, and attached thereto, and carried the same away, and converted the same to his own use.
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The plaintiff in his complaint averred, that on the 26th of March, 1852, the defendant forcibly entered a certain dwelling-house of the plaintiff in West Farms, Westchester county, and severed and separated therefrom a cooking-range of the plaintiff’s, belonging to said house, and attached thereto, and carried the same away, and converted the same to his own use. The answer set up, that the house was, at the time in question, in the possession of one Reed, and not in the possession of the plaintiff; that the defendant entered by the lease and license of the plaintiff, or his servants and…
1Opinion of the Court
Mitchell, Justice.
Spalbergh agt. Walrod, (1 John. Cases, 162,1799.) Under the law as it then stood, a defendant found guilty in an action of trespass, quare clausum fregit, was liable to costs, although the recovery was only flO, and although a count for assault, &c., was joined with the other count. The act then in force allowed costs to. the successful party in any action concerning any freehold or title of land. (Laws, 1787; 1 Greenleaf, 313, § 41.)
The law was changed in 1801, (1 R. L. 1801, 529, § 4,) and the plaintiff was.not entitled to' any costs in a personal action prosecuted in the…
2Cases cited9 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Dolittle v. EddyNew York Supreme Court · 1849
- Radley v. BriceNew York Supreme Court · 1831
- Brown v. MajorsNew York Supreme Court · 1831
- Chandler v. DuaneNew York Supreme Court · 1833
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