Loomis v. Decker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Decker, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 10th day of February, 1896, striking the case from the calendar on the ground that the same is an action at law and not an action in equity.
1Opinion of the Court
Herrick, J.:
The plaintiffs in their complaint allege that they are the owners of certain real estate described in the complaint; that two of the *410defendants conveyed the same to them, and that two others of the defendants are in the occupation of said premises; that the defendants are irresponsible and' insolvent, and that a conspiracy exists between all the. defendants to wrongfully hold and retain possession of the. premises until the expiration of the season of 1895, so as to wrongfully cut and dispose of the grass, hay and crops growing thereon; and they ask judgment for the possession of…
2Cases cited1 opinion
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
3Cited by5 opinions
- Hessler v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
- Bennett v. Vonder BoschAppellate Division of the Supreme Court of the State of New York · 1898
- Bennett v. BoschAppellate Division of the Supreme Court of the State of New York · 1898
- Boyle v. WallaceAppellate Division of the Supreme Court of the State of New York · 1919
- Guaranty Trust Co. v. RobinsonNew York Supreme Court · 1900