Swan v. Keough
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alden 8. Swan, from a judgment of the County Court of Sullivan county in f'avor of the defendant, entered in the office of the clerk of the county of Sullivan on the 8th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Alden 8. Swan, from a judgment of the County Court of Sullivan county in f'avor of the defendant, entered in the office of the clerk of the county of Sullivan on the 8th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1897, denying the plaintiff’s motion for a new trial made upon the minutes. The action was originally brought in a Justice’s Court, and, a judgment having been rendered in favor of the defendant, plaintiff appealed to the County Court of Sullivan county and demanded a new…
1Opinion of the Court
Landon, J.:
The complaint in the Justice’s Court alleged that the defendant ■ wrongfully entered upon the plaintiff’s premises in January, 1896, and removed therefrom and converted to his own use a quantity of ice, the property of the plaintiff, of the value of sixty dollars.
The defendant answered by a general denial, and did not “ set forth' in his answer facts showing that the title to real property will come; in question.” (Code Civ. Proc. § 2951.) The learned county judge submitted the case to the jury upon the evidence, and instructed them that if the plaintiff had shown himself in…
2Cited by6 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- People v. BissertAppellate Division of the Supreme Court of the State of New York · 1902
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- Kleinert v. Federal Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Frank v. SubinAppellate Terms of the Supreme Court of New York · 1910
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