Legal Opinion

McMannis v. Butler

New York Supreme Court

Decided June 1, 1868PublishedCited by 4 opinions

APPEAL by the defendant from an order made at a special term, granting a new trial. The facts sufficiently appear in the opinion of the court.

1Opinion of the Court

By the Court, James C. Smith, J.

This was an . action for trespass on lands. The defendant justified, as street commissioner of the city of Rochester, claiming that the' premises were a public street. The cause has been tried twice. On the first trial, the jury, under the direction of the court, rendered a verdict for the defendant, which was set aside at general term. (49 Barb. 176.) On the second trial, the case was submitted to the jury, and resulted in a verdict for the defendant. A motion was made for a new trial, on the judge’s minutes, which was granted, and an appeal was taken from the…

2Cases cited1 opinion

  1. McMannis v. ButlerNew York Supreme Court · 1867

3Cited by4 opinions

  1. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  2. Cook v. . HarrisNew York Court of Appeals · 1875
  3. The People v. . LoehfelmNew York Court of Appeals · 1886
  4. City of Cohoes v. Delaware & H. Canal Co.New York Supreme Court · 1889

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