Burhans v. Tibbits
New York Supreme Court
Motion to set aside the entry of an amended verdict made at the Circuit. The action was for trespass upon lands, and also for taking and converting personal property found upon those lands. The defendant justified the entry by alleging title.
Read the full summary
Motion to set aside the entry of an amended verdict made at the Circuit. The action was for trespass upon lands, and also for taking and converting personal property found upon those lands. The defendant justified the entry by alleging title. Upon the trial, the judge, when the evidence was closed, decided, as matter of law, that the justification was sustained, and instructed the jury that, in respect to the trespass the action was not sustained, and that the only question for them was in respect to the conversion of the personal property, consisting of a few dry poles lying upon the…
1Opinion of the Court
Harris Justice.
Two questions were tried. The one which was the principal question, whether the defendant had unlawfully entered upon the plaintiff’s land; and the other, whether he had unlawfully taken and converted to his own use a small amount of personal property found upon the premises. The former issue the judge decided in favor of the defendant, and' so instructed the jury. The latter alone was submitted to the jury. A general verdict was rendered in favor of the plaintiff. If this had been intended to apply to both issues, it would have been the duty of the court to set it aside, for…
2Cases cited4 opinions
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Sayre v. JewettNew York Supreme Court · 1834
- Cooper v. BissellNew York Supreme Court · 1818
3Cited by13 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Wirt v. ReidAppellate Division of the Supreme Court of the State of New York · 1910
- Crich v. Williamsburg City Fire InsuranceSupreme Court of Minnesota · 1891
- Peetsch v. QuinnNew York Court of Common Pleas · 1894
- Segelke v. FinanNew York Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.