Knowlton v. Mickles
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 30th of August, 1853, the plaintiff commenced an action in the supreme court, against the defendant, to recover damages sustained by the plaintiff by reason of the overflowing of water from the defendant’s dam, upon the plaintiff’s land ; in which action the plaintiff demanded judgment for such damages to the amount of #500, and that the defendant be required to remove the said…
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APPEAL from a judgment entered upon the report of a referee. The complaint alleged that on the 30th of August, 1853, the plaintiff commenced an action in the supreme court, against the defendant, to recover damages sustained by the plaintiff by reason of the overflowing of water from the defendant’s dam, upon the plaintiff’s land ; in which action the plaintiff demanded judgment for such damages to the amount of #500, and that the defendant be required to remove the said dam, and for further 'relief. That on the 15th day of September, 1853, the said plaintiff and defendant submitted all the…
1Opinion of the Court
By the Court, Emott, J.
What was said in Owen v. Boerum, (23 Barb. 187,) as to the defenses which could be interposed in a suit upon an award, had reference to the case then before us, which had a purely legal aspect throughout. The action was for a trespass; the arbitration and award were pleaded as a defense, and the plaintiff, under the code as it then stood, permitting a reply, denied generally the allegations of the answer. The question was not, therefore, what relief might have been had in the action, by either party, against the award, but what evidence was proper under a state of…
2Cases cited2 opinions
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Owen v. BoerumNew York Supreme Court · 1856
3Cited by6 opinions
- Stefano Berizzi Co. v. KrauszNew York Court of Appeals · 1925
- Cohn v. WemmeOregon Supreme Court · 1905
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Turnbull v. MartinNew York Court of Common Pleas · 1869
- Mitchell v. CurranMissouri Court of Appeals · 1876
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