American Union Telegraph Co. v. Middleton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion to vacate an order of arrest herein. The facts are sufficiently stated in the opinion. The telegraph poles with their attachments, were part of the realty ; and the only .action the plaintiff was entitled to bring was one of trespass, quare clausum fregit.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion to vacate an order of arrest herein. The facts are sufficiently stated in the opinion. The telegraph poles with their attachments, were part of the realty ; and the only .action the plaintiff was entitled to bring was one of trespass, quare clausum fregit. (Electric Telegraph Co. v. Overseers, etc., 24 L. J. [N. S.], 146; People ex rel. Cassity, 2 Lans., 294; 46 N. Y., 46; Williams v. N. Y. C. R. R. Co., 16 id., 97; Mahan v. Same, 24 id., 658,…
1Opinion of the CourtMiller, J.
This action was brought to recover damages for wrongfully and maliciously cutting down, and unlawfully carrying away and converting twenty-three telegraph poles, wires, and insulators attached thereto, located in the State of New Jersey, and forming a part of a continuous line of telegraph in operation in that State.
An order of arrest was granted, the defendant held to . bail, and a motion to vacate the order was denied. The defendant appealed to the General Term, whore the order was affirmed and an appeal was taken to this court.
The question presented is whether an order of arrest can be…
2Cases cited5 opinions
- Mooers v. WaitNew York Supreme Court · 1829
- Smith v. . KnappNew York Court of Appeals · 1864
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
- Howe v. WillsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- McGovern v. PaynNew York Supreme Court · 1859
3Cited by31 opinions
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Cragin v. . LovellNew York Court of Appeals · 1882
- Ernst v. Rutherford & Boiling Springs Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Dodge v. . ColbyNew York Court of Appeals · 1888
- Lakeland Ideal Farm & Drainage District v. MitchellSupreme Court of Florida · 1929
26 more not listed; retrieve them via the Exa API.