Falkel v. Moore
New York Supreme Court
Appeal from an order of Wyoming Special Term, denying the defendants’ motion for a retaxation of costs. An action was commenced in a Justice’s Court in which the defendants interposed a plea of title. This action was then commenced in the Supreme Court. Upon a reference of the issues, a judgment, for twelve cents was directed in favor of the plaintiff. Costs were taxed in favor of the plaintiff.
1Opinion of the Court
.Smith, P. J.:
The plaintiff complained that the defendants “ wrongfully broke, tore down and destroyed ” a large quantity of fence erected and standing on land, of which plaintiff was in possession.
The defendants pleaded, first, setting up a general denial, and, secondly, admitting the plaintiff’s possession of the land and alleg*294ing that they had a right of way across said land, they to keep the gates or bars of the fences closed when they shall have passed through; that on the occasion mentioned in the complaint they did pass over said land, when they had said right of way, until they found…
2Cases cited3 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Morss v. . SalisburyNew York Court of Appeals · 1872
- Burhans v. TibbitsNew York Supreme Court · 1852