Houghtaling v. Stoothoff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for an injunction restraining defendants from obstructing, through the erection and maintenance of a line fence, certain real property alleged to belong to plaintiff, judgment in favor of defendants affirmed, with costs. The complaint alleged that the fence was erected upon the east and west right-of-way, and obstructed the same. The court found that the fence does not encroach upon the right-of-way. On this appeal the parties stipulated to omit the testimony from the record, and consequently we must accept the findings as they are, including the finding of non-encroachment.…
2Cases cited2 opinions
- Brill v. . BrillNew York Court of Appeals · 1888
- Houghtaling v. StoothoffNew York Supreme Court · 1939
3Cited by4 opinions
- Spier v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2005
- Brearton v. Fina, New York County Courts1956
- Tanaka v. SheehanDistrict of Columbia Court of Appeals · 1991
- Rogers v. GermanoAppellate Division of the Supreme Court of the State of New York · 1949