Bucher v. Carroll
New York Supreme Court
Appeal from an order made at the Cattaraugus Special Term,, awarding a new trial to the plaintiff on payment of the costs,, under the statute in respect to new trials in ejectment. The complaint contained all the essential averments to support an action of- ejectment: (1.) It averred that the plaintiff was. the owner in fee of the lands described.
Read the full summary
Appeal from an order made at the Cattaraugus Special Term,, awarding a new trial to the plaintiff on payment of the costs,, under the statute in respect to new trials in ejectment. The complaint contained all the essential averments to support an action of- ejectment: (1.) It averred that the plaintiff was. the owner in fee of the lands described. (2.) That the defendants were in possession and unlawfully withheld possession thereof, and (3.) That plaintiff was entitled to the immediate possession, thereof. The complaint then contained further averments to' the effect r (1.) That the lands…
1Opinion of the Court
Hardin, J. :
The amendment of the Revised Statutes in 1862 (chap. 485), provided for cases tried before the court without a jury, and before referees; and, therefore, the original statute as thus amended applies to a case like this tried by the court without a jury, if the judgment vacated was a “judgment in the action of ejectment rendered upon * * * a decision of a single judge upon the facts.” (2 N. Y. Stat. [Edwards], § 36, 317.
By section 43 of the Revised Statutes cited supra, the plaintiff upon recovering judgment in ejectment * * * shall also Toe entitled to recover damages against the…
2Cases cited6 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- Hudson v. . CarylNew York Court of Appeals · 1871
- Cuff v. DorlandNew York Supreme Court · 1870
- Shumway v. . ShumwayNew York Court of Appeals · 1870
1 more not listed; retrieve them via the Exa API.