Wood v. . Lafayette
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass for cutting trees upon lands alleged to be in plaintiff’s possession. It was originally brought in Justice’s Court. Defendant denied the trespass and pleaded title. Plaintiff thereupon brought action in the Supreme Court.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass for cutting trees upon lands alleged to be in plaintiff’s possession. It was originally brought in Justice’s Court. Defendant denied the trespass and pleaded title. Plaintiff thereupon brought action in the Supreme Court. The case upon a former appeal is reported in 46 Hew York, 484. The facts are sufficiently stated in the opinion. The court erred in not nonsuiting plaintiff on the ground that' he was…
1Opinion of the CourtRapallo, J.
When this ease was before us on the first appeal, two points were decided, viz.: That the court erred, first, in excluding evidence of the revocation of the power given by the agreement of January 24, 1867, to James Mann, to_ designate the northern boundary line of the. defendant’s farm as it existed when James Mann, senior, occupied the farm, and secondly, in excluding evidence offered by the defendant to show where such boundary line was. As these two erroneous rulings were sufficient to require a reversal of the judgment, the points which arise on the present appeal were "not then passed…
2Cases cited1 opinion
- Terry v. . ChandlerNew York Court of Appeals · 1857
3Cited by6 opinions
- Edsall v. HowellNew York Supreme Court · 1895
- Carter v. PitcherNew York Supreme Court · 1895
- Johnson v. C. & N. W. Sand & Gravel Co.Court of Appeals for the Seventh Circuit · 1897
- Degrauw v. WarnerNew York Supreme Court · 1895
- Randall v. SandersNew York Supreme Court · 1881
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