Striker v. Mott
New York Supreme Court
Error on certiorari to justice’s court. Striker sued Mott in the assistant justice’s court of the twelfth ward of the city of New-York, and declared in trespass for entering his close, breaking down his fence, and travelling over the close. The defendant pleaded not guilty, and the cause was adjourned for trial.
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Error on certiorari to justice’s court. Striker sued Mott in the assistant justice’s court of the twelfth ward of the city of New-York, and declared in trespass for entering his close, breaking down his fence, and travelling over the close. The defendant pleaded not guilty, and the cause was adjourned for trial. Previous to the trial, the defendant by permission, as the return states, added to his former plea that he had a right of way over the premises in dispute by prescription. The cause was tried by a jury; the plaintiff proved title to the locus in quo, and the defendant produced…
1Opinion of the Court
By the Court,
Marct, J.
On the part of the plaintiff, it is contended that the plea setting up a right of way, put in question the title to the premises on which the trespass is ah *466leged to have beeh committed, and formed an issue which the justice, even with the consent of the parties, could not try. On the other hand, it is said that the consent of the plaintiff took away the error, if there was any; and besides, that the right of way is a mere easement, and does not controvert the plaintiff’s title to the premises used as the way. The case of Heaton v. Ferris, 1 Johns. R. 146, settles the…
2Cited by40 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Alexander v. CrollottSupreme Court of the United States · 1905
- King v. PooleNew York Supreme Court · 1862
- Converse v. McArthurNew York Supreme Court · 1854
- Gormly v. McIntoshNew York Supreme Court · 1856
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