Hadcock v. City of Gloversville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Hadcock, from so much of a judgment of the Supreme Court in fávor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 8th day of February, 1904, upon the verdict of a jury, rendered by direction of the court (the amount of damages being left for the jury to determine), for eight dollars and thirty-two cents, as adjudges that the plaintiff is not entitled to a judgment directing the removal of . a nuisance.
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Appeal by the plaintiff, Mary Hadcock, from so much of a judgment of the Supreme Court in fávor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 8th day of February, 1904, upon the verdict of a jury, rendered by direction of the court (the amount of damages being left for the jury to determine), for eight dollars and thirty-two cents, as adjudges that the plaintiff is not entitled to a judgment directing the removal of . a nuisance. The action is one for a nuisance. In the prayer for relief in the complaint the plaintiff demands judgment that the nuisance be…
1Opinion of the Court
Chester, J. :
The theory of the appellant in support of her contention that she is entitled to a judgment directing the removal of the nuisance is that the action is one at law, and the court having directed' a verdict that the defendant was maintaining a nuisance, that she was entitled to the other relief demanded as a matter of course, that the court had no discretion in the matter, and, therefore, could not lawfully deny her that relief.
Whatever force there may have been in this contention under the common law or under the writ of nuisance as it was continued *132under the Revised Statutes it…
2Cases cited3 opinions
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Sammons v. City of GloversvilleNew York Supreme Court · 1901
- Clark v. StorrsNew York Supreme Court · 1848
3Cited by3 opinions
- People v. System Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
- Iny v. CollomAppellate Terms of the Supreme Court of New York · 2006
- Sponenburg v. City of GloversvilleNew York Supreme Court · 1905