Wilgus v. Wilkinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Daniel Y. Wilgus, from an order of the Supreme Court, made at the Niagara Trial Term and entered in the office of the clerk of the county of Niagara on the 19th day of September, 1899, denying his motion to strike out the defendant’s answer.
1Opinion of the Court
Spring, J.:
An action of trespass was commenced in Justice’s Oourt, the charge being that “ during the six years prior to the commencement of this action said defendant’s cattle trespassed upon lands rented and in possession of the above-named plaintiff and destroyed thereon grass, herbage and vegetables to the damage of the plaintiff in the sum of $50.”
The defendant first answered orally by a general denial. He subsequently ousted the justice of jurisdiction by interposing an answer alleging the title and possession of the premises in one Edgar O’Brien, coupling the defendant therewith by the…
2Cases cited3 opinions
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
- Brotherton v. WrightNew York Supreme Court · 1836
- McNamara v. BiteleyNew York Supreme Court · 1849
3Cited by3 opinions
- Jones v. ReillyAppellate Division of the Supreme Court of the State of New York · 1902
- Moisen v. BurrAppellate Division of the Supreme Court of the State of New York · 1905
- Moisen v. BurrAppellate Division of the Supreme Court of the State of New York · 1905