Shanley v. Murty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard J. Murty, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Oneida on the 7th day of June, 1909, by direction of the court, certain questions of'fact having been submitted to the jury, and also from an order entered in said clerk’s office on the 14th day of June, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J:
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was in ejectment. The real controversy was as to the exact location of a division line between the city lots of the parties in Utica.
The complaint was peculiar in that it alleged that the defendant was in possession of the whole of plaintiff’s lot, having ousted plaintiff therefrom, and withheld the same. As a matter of fact, the claim was that the defendant had erected a sort of fence, cutting off a narrow piece of plaintiff’s lot, but this piece so fenced off…
2Cited by3 opinions
- Meehan v. DobsonNew York Supreme Court · 1911
- Ramapo Manufacturing Co. v. MapesAppellate Division of the Supreme Court of the State of New York · 1913
- Ramapo Manufacturing Co. v. MapesAppellate Division of the Supreme Court of the State of New York · 1913