Sage v. Barnes
New York Supreme Court
IN ERROR on certiorari from amstice s court. Barnes brought . . , c, , „ , an action against ¡sage, before the justice, to recover the penalty of 6 dollars, for obstructing the highway, under the 19th section of the act. The parties joined issue, by consent.
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IN ERROR on certiorari from amstice s court. Barnes brought . . , c, , „ , an action against ¡sage, before the justice, to recover the penalty of 6 dollars, for obstructing the highway, under the 19th section of the act. The parties joined issue, by consent. The defendant alleged that the road in question was a disputed road; that the land was claimed by the defendant, and that there were suits pendIng in a higher court, to try the validity of the road; and contended, therefore, that the justice had no jurisdiction. No plea of tie in writing was interposed by the defendant, nor was any…
1Per curiam
The judgment must be affirmed. If any plea, of title was admissible in this case, no such valid plea was offered. It was necessary that it should have been in writing. The plea, or *366rather suggestion, that there were other suits pending, in a higher court, to try the validity of the road, was properly rejected. It had neither form nor substance. But the evidence on the trial shows, that such suits were between other parties, and would, in no way, affect the present action. The defendant admitted, on the trial, that he had appealed from the decision of the commissioners of highways, to the…
2Cited by2 opinions
- Volcano Stables & Transportation Co v. HayashiHawaii Supreme Court · 1901
- Chapman v. GatesNew York Supreme Court · 1866