Brown v. Brown
New York Supreme Court
This was an action of trespass originating in a Justice’s Court. The defendants interposed a plea of title, to the land in question; thereupon the action was discontinued, and a suit for the same cause of action commenced in the old Court of Common Pleas; and by operation of law was transferred to and vested in the present Supreme Court, and was there finally decided in favor of the defendants. The plaintiff appealed to this court.
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This was an action of trespass originating in a Justice’s Court. The defendants interposed a plea of title, to the land in question; thereupon the action was discontinued, and a suit for the same cause of action commenced in the old Court of Common Pleas; and by operation of law was transferred to and vested in the present Supreme Court, and was there finally decided in favor of the defendants. The plaintiff appealed to this court. The cause was on the calendar at the last September term (1851), and brought on to argument.
1Opinion of the Court
The court took the case (after argument of this question) and held it under advisement until December term, when they dismissed the appeal with costs on the question of jurisdiction (Code, § 11, sub. 2).
2Cited by1 opinion
- Pugsley v. KisselburghNew York Court of Appeals · 1853