Legal Opinion

Burt v. Sternburgh

New York Supreme Court

Decided August 15, 1825PublishedCited by 31 opinions

Trespass quare dausum fregit, tried at the Schoharie 2 J - _ circuit, September 17, 1823, before Duer, -C. Judge. The action was commenced on the-2d day of Decernher, 1816. At the trial, the plaintiff proved that the defendant had cut timber on land, which the plaintiff insisted was lot-8, in the subdivision of-lot 133, in the old Schoharie patent; that the cutting was west of the east line of'lot 8, as -thus claimed; that the defendant -resided on and possessed a farm…

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Trespass quare dausum fregit, tried at the Schoharie 2 J - _ circuit, September 17, 1823, before Duer, -C. Judge. The action was commenced on the-2d day of Decernher, 1816. At the trial, the plaintiff proved that the defendant had cut timber on land, which the plaintiff insisted was lot-8, in the subdivision of-lot 133, in the old Schoharie patent; that the cutting was west of the east line of'lot 8, as -thus claimed; that the defendant -resided on and possessed a farm adjoining-this line; that the hea,7. ■ • ,, . 7 vy timber cut by him, was principally pine, and-was-cut in the summer or fall…

1Opinion of the Court

Curia, per

Sutherland, J.

In Gardner v. Buckbee, (3

Cowen’s Rep. 120,) we adopted the language of Ch. J. De Grey, in the case of the Dutchess of Kingston, (11 State Trials, 261,) that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence conclusive between the sanie parties, upon the same matter, directly in question in another Court. In that-case, the former judgment was not pleaded, but was given-in evidence under the general issue; and the counsel for the defendant there contended that the later cases had overruled the opinions of Ld.…

2Cited by31 opinions

  1. Lorillard v. . ClydeNew York Court of Appeals · 1890
  2. Dawley v. . BrownNew York Court of Appeals · 1880
  3. Kidd v. LairdCalifornia Supreme Court · 1860
  4. Greenup v. CrooksIndiana Supreme Court · 1874
  5. Rake's Adm'r v. PopeSupreme Court of Alabama · 1844

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