Hall v. Hodskins
New York Supreme Court
This action was originally commenced before a justice of the peace, in Elizabethtown. The complaint contained two counts.
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This action was originally commenced before a justice of the peace, in Elizabethtown. The complaint contained two counts. First, “ That on the first day of April, 1858, and on divers other times between that time and A ¡nil first, 1859, the defendant broke and entered the close of plaintiff, being part of lot No. 12, in the Platt Bogers Bo ad Patent, so called, and being the farm on which' plaintiff then resided, and still resides, known as the Brainard Farm, and with his feet in walking, and with divers cattle, horses, sheep and hogs, trod down and destroyed the grass and herbage there…
1Opinion of the Court
By the court, Bockes, J.
The plaintiff commenced an *26action before a justice of the peace, claiming to recover for an alleged injury to his real property. The defendant interposed several defences, and among them a justification under a right of waj'. He also delivered with his answer the undertaking, in such cases required to be filed, in order to oust the justice of jurisdiction; whereupon the action being there discontinued, was further prosecuted in this court. On the trial at the circuit, the defendant established his right of way across the plaintiff’s farm, but the plaintiff had a…
2Cases cited5 opinions
- Howe v. WillsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Moyer v. ShoemakerNew York Supreme Court · 1849
- Haight v. BadgeleyNew York Supreme Court · 1853
- Stewart v. WallisNew York Supreme Court · 1858
- Lyke & Dumond v. Van LeuvenNew York Supreme Court · 1847
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- Collar v. Ulster & Delaware Railroad, New York County Courts1911
- Heath v. BarmourNew York Supreme Court · 1868