People v. . Holmes
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July ' 13, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material* are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July ' 13, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material* are stated in the opinion. The plaintiff, under the admitted facts in the case, has not located subdivision TO of great lot 68 upon the ground where the logs in question were cut. (L. 1827, ch. 2; L. 1829, cli. 30 ; 21 Am. & Eng. Ency. of Law, 1021; Moore v. Cooley, 88 Hun, 66.) The court erred…
1Opinion of the Court
Parker, Ch. J.
The state having the legal title to subdivision 10 of great lot 68 of the Glen, Bleecker and Lansing patent, brought this action to recover the damages which it claimed to have sustained by reason of the cutting and removal of the heavy timber standing thereon to the mill of defendant. Ho question whatever was made upon the trial of the ownership by the plaintiff of subdivision 10 of great lot Ho. 68, but the defendant attempted to establish that the cutting was not done upon that lot but upon the adjoining tract in great lot Ho. 69. The defendant also attempted to show that he…
2Cases cited6 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Gibney v. . MarchayNew York Court of Appeals · 1866
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- Terry v. . ChandlerNew York Court of Appeals · 1857
- Walker v. . DunspaughNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wightman v. . CampbellNew York Court of Appeals · 1916
- Dibble v. ColeAppellate Division of the Supreme Court of the State of New York · 1905
- Gilmartin v. BuchananAppellate Division of the Supreme Court of the State of New York · 1909
- Cole v. LesterNew York Supreme Court · 1905
- Gleason v. ShuartAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.