Houghtaling v. Houghtaling
New York Supreme Court
Error to the Onondaga common pleas. The action was trespass, originally commenced before a justice of the peace, but was discontinued there, in consequence of the defendants’ pleading not guilty, and giving notice of title to the land in question. The cause was thereupon removed to the common pleas, and the plaintiff declared in trespass quare clausum fregit, for breaking and entering a certain close and dwelling house of the plaintiff situate in the town of La Fayette.
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Error to the Onondaga common pleas. The action was trespass, originally commenced before a justice of the peace, but was discontinued there, in consequence of the defendants’ pleading not guilty, and giving notice of title to the land in question. The cause was thereupon removed to the common pleas, and the plaintiff declared in trespass quare clausum fregit, for breaking and entering a certain close and dwelling house of the plaintiff situate in the town of La Fayette. The defendants pleaded the general issue, and gave notice that the locus in quo, with the appurtenances, was, at the time…
1Opinion of the Court
By the Court, Pratt, P. J.
This was an action commenced in a justice’s court and removed from that court to the court of common pleas by plea of title to land. The declaration in the court beloxv was trespass quare clausum fregit; and a plea of title having been put in by the defendants, the cause xx'as tried upon that issue. It is now insisted on the part of the plaintiff below that the house xvas personal property, and that trespass would lie against the defendants for its destruction.
*382Perhaps the evidence was sufficient to establish that fact; but that was not the issue to be tried in the…
2Cases cited4 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Prince v. CaseSupreme Court of Connecticut · 1835
- Howe v. WillsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Le Fevre v. Le FevreSupreme Court of Pennsylvania · 1818
3Cited by7 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Clark v. Van VranckenNew York Supreme Court · 1855
- Jamieson v. MillemannThe Superior Court of New York City · 1854
- Bonner v. WigginsTexas Supreme Court · 1879
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