Sing v. Annin
New York Supreme Court
IN ERROR, from the court of common pleas of Westchester county. Sing brought an action of trespass quare clausum fregit, an¿ for treading down the grass, destroying his fences, &c. against Annin, in the court below.
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IN ERROR, from the court of common pleas of Westchester county. Sing brought an action of trespass quare clausum fregit, an¿ for treading down the grass, destroying his fences, &c. against Annin, in the court below. The defendant pleaded not guilty, with notice that she should give in evidence that the fences were insufficient, &c.' It appeared from the record produced, that by agreement of the parties, the cause, in May term, 1810, was „ , . referred under a rule of the court to three referees, who, m September term, 1810, reported that the plaintiff had sustained damages to the amount of…
1Per curiam
1. The court below was correct in awarding costs to the defendant. The 5th section of the act of 1801 (sess. 24. c. 170.) gives costs to the defendant in suits in the common pleas, where the plaintiff does not recover 25 dollars, unless in certain specified cases, and among others, in actions “ concerning any freehold or title to land.” The suit below was for trespass on land, but it did not concern the freehold or title, nor did the plea bring either in question. The suit was cognisable by a justice. 2. The entry of the first judgment for costs, in favour of the plaintiff, was entered by the…
2Cited by1 opinion
- Anderson v. BakerSupreme Court of Georgia · 1846