Smith v. Helmer
New York Supreme Court
This was an action of trespass quare clausum fregit, tried at the Herkimer circuit in December, 1848. The locus in quo was situated within the village of Herkimer, and the alledged trespass consisted in the removal of a fence on the line of a road. The defendant justified under the act of May 12, 1846, (Laws of 1846, p. 305,) alledging that the fence was removed by authority of the commissioners in that act named, and to shorten and straighten the road therein mentioned.
Read the full summary
This was an action of trespass quare clausum fregit, tried at the Herkimer circuit in December, 1848. The locus in quo was situated within the village of Herkimer, and the alledged trespass consisted in the removal of a fence on the line of a road. The defendant justified under the act of May 12, 1846, (Laws of 1846, p. 305,) alledging that the fence was removed by authority of the commissioners in that act named, and to shorten and straighten the road therein mentioned. The removal of the fence by the defendant was proyed, and that the premises were about one-fourth of a mile iron} the…
1Opinion of the Court
By the Court, Allen, J.
The first exception taken upon the trial was to the admission of evidence on the part of the defendant, of the location of the premises within the village of Herkimer. There can be no doubt that it is the right of a party, in all actions of this kind, to locate the premises by the evidence as particularly as he pleases. It is the duty of the plaintiffs in the first place to show the situation and location of the premises in question; and it is the right of the defendant to show the particular description and location. The evidence maybe important upon questions of…
2Cases cited7 opinions
- People v. MorrisNew York Supreme Court · 1835
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Doughty v. HopeNew York Supreme Court · 1846
- President of the Farmers' Turnpike Road v. CoventryNew York Supreme Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- The People v. . CarpenterNew York Court of Appeals · 1861
- Walther v. WarnerSupreme Court of Missouri · 1857
- Cairo & Fulton R. R. v. TurnerSupreme Court of Arkansas · 1876
17 more not listed; retrieve them via the Exa API.