Locklin v. Casler
New York Supreme Court
Motion on the part of defendant to strike out the costs, as taxed on behalf of plaintiff, from the judgment entered in favor of plaintiff for thirty dollars damages upon the assessment by a sheriff’s jury. This action was commenced in a justice’s court for trespass quare clausum fregit.
Read the full summary
Motion on the part of defendant to strike out the costs, as taxed on behalf of plaintiff, from the judgment entered in favor of plaintiff for thirty dollars damages upon the assessment by a sheriff’s jury. This action was commenced in a justice’s court for trespass quare clausum fregit. The defendant answered and set up title in the defendant, in the premises described in the complaint, in-the justice’s court, and gave an undertaking, The plaintiff brought her action in this court and served the complaint in this action as prepared in justice’s court. The defendant then demurred to the…
1Opinion of the CourtHardin, J.
— The complaint in this case very appropriately sets out a cause of action in trespass, alleging the breaking of the plaintiff’s close as the substantive allegation, and the other allegations are by way of aggravation of damages (1 N. Y., 517). The complaint very properly contained a description of the premises upon which the trespasses were committed (Ellise agt. Boyes, 8 Wendell, 503; The People agt. Rens. Com. Pleas, 2 Wendell, 649). In the last case the court says that it is very proper to describe the premises by metes and bounds and thus avoid the necessity for a new assignment, and…
2Cases cited4 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Shelton v. TiffinSupreme Court of the United States · 1848
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Ellice v. BoyerNew York Supreme Court · 1832
3Cited by1 opinion
- Baier v. ZiegelbauerWisconsin Supreme Court · 1886