Crowell v. Smith
New York Supreme Court
Appeal by-the defendant from an order of the Monroe Special Term, denying a motion to set aside a taxation of costs in favor of the plaintiff, and for a direction to tax, and allow tbem in favor of the defendant.
1Opinion of the Court
Bradley, J.:
The question presented .is whether a claim of title to real property arose upon the pleadings within the meaning of Code of Civil Procedure (§ 3228, sub. 1). The complaint alleges that the defendant, without leave, wrongfully entered upon the farm and premises of which the plaintiff then was, and still is, the owner and possessor (describing it), and then and there, without leave, wrongfully cut *183and broke down, carried away and destroyed a large number of trees, standing and growing, to the plaintiffs damage of $100, “ wherefore the plaintiff demands judgment for treble damages,…
2Cases cited9 opinions
- Van Deusen v. . YoungNew York Court of Appeals · 1864
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Rathbone v. McConnellNew York Supreme Court · 1855
- Kelly v. New York & Manhattan Beach Railway Co.New York Court of Appeals · 1880
- Livingston v. PlatnerNew York Supreme Court · 1823
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