Adams v. Rivers
New York Supreme Court
This action was brought in a justice’s court, in March, 1849, by summons. The plaintiff declared, for that he was in possession of the premises bounded* by streets on two sides, and that he was in the constructive possession to the centre of each street, subject only to a public easement; that the defendant wrongfully came upon the side walk of the plaintiff, and there remained, using offensive, vulgar and vile language towards the plaintiff, and refusing to depart.
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This action was brought in a justice’s court, in March, 1849, by summons. The plaintiff declared, for that he was in possession of the premises bounded* by streets on two sides, and that he was in the constructive possession to the centre of each street, subject only to a public easement; that the defendant wrongfully came upon the side walk of the plaintiff, and there remained, using offensive, vulgar and vile language towards the plaintiff, and refusing to depart. The second count describing another lot in his possession, bounded on another street, with buildings and piazza thereon; and…
1Opinion of the Court
By the Court,
Willard, P. J.
The complaint was so drawn that the defendant could have set forth in his answer, any matter showing that title would come in question, and thus by *393giving the requisite security, oust the justice of jurisdiction. He failed to do so, and therefore the justice retained jurisdiction of the cause, and the defendant was precluded in his defense, from drawing the title in question. The county court reversed the judgment of the justice upon the ground that title to lands came in question upon the plaintiff’s own showing, which was disputed by the defendant. The county…
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