Watts' Administrators v. Kinney
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. The plaintiffs in error, administrators of George Watts deceased, brought an action on the Case ill the superior court of the city of New-York against the defendant in error, for an alleged injury to a certain mill and water privilege, and for obstructing a right of way.
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On error from the supreme court. The plaintiffs in error, administrators of George Watts deceased, brought an action on the Case ill the superior court of the city of New-York against the defendant in error, for an alleged injury to a certain mill and water privilege, and for obstructing a right of way. The declaration contained four counts, three of which described the water privilege and right of way as “ situate and being at Newark, to wit, at the city and county of New-York;” and in the fourth count they were described as “ situate, lying and being in the township of Newark in the state…
1Opinion of the Court
Walworth, Chancellor.
The plaintiffs in error brought an action on the case in the superior court of the city of New-York for an injury to real property, and were nonsuited upon the trial. And two questions are presented for our consideration on this writ of error, viz. 1. Whether such an action can be sustained in the common law courts of this state for an injury to real property in the state of New-Jersey; and 2. Whether the evidence of the plaintiffs upon the trial was sufficient to authorize a recovery for the injury complained of in any court.
The cause of action stated in the declaration…
2Cases cited1 opinion
- Cogswell v. MeechNew York Supreme Court · 1834