Legal Opinion

Saunders v. A. & W. Wilson

New York Supreme Court

Decided May 15, 1836PublishedCited by 8 opinions

Error from the Albany common pleas. A. & W. Wilson brought an action of trespass quare clausumfregit in a justice’s court, against Saunders, who pleaded the general issue. The cause was tried and the plaintiffs obtained, judgment.

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Error from the Albany common pleas. A. & W. Wilson brought an action of trespass quare clausumfregit in a justice’s court, against Saunders, who pleaded the general issue. The cause was tried and the plaintiffs obtained, judgment. The defendant appealed to the Albany common pleas, and on the trial of the cause, in that court, after the plaintiff had rested, the defendant offered to prove the locus in quo a private road, legally laid out upon his application and for his benefit, with the assent of the owner of the land, the landlord of the plaintiffs, who are the lessees of such owner; which…

1Opinion of the Court

By the Court,

Savage, C. J.

The plaintiff in error, to prove that under the general issue he should have been permitted to give evidence of a private road having been laid over the locus in quo, refers to 3 Starkie's Ev. 1456, where it is stated that under the general issue the defendant may give in evidence any matter which contradicts the plaintiff’s evidence, or shows that the act complained of is not in its own nature a trespass at common law. Thus he may show that the locus in quo is his own freehold, or that of another by whose authority he entered, or that he has any other right or title…

2Cases cited1 opinion

  1. Dewey v. BordwellNew York Supreme Court · 1832

3Cited by8 opinions

  1. American Co. v. BradfordCalifornia Supreme Court · 1865
  2. Little v. . DennNew York Court of Appeals · 1866
  3. Etz v. DailyNew York Supreme Court · 1854
  4. State v. CottonSupreme Court of Minnesota · 1882
  5. Fredonia & Sinclearville Plank Road Co. v. WaitNew York Supreme Court · 1858

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