People ex rel. Parker v. Onondaga Common Pleas
New York Supreme Court
Motion for a mandamus. The relator was sued before a justice, by the commissioners of highways of the town of Marcellus, for obstructing a highway and a penalty of $5 claimed of him. The relator interposed a plea of title, and entered into a recognizance to appear and put in special bail in a suit to be commenced in the common pleas for the same cause of action. A suit was commenced in' the common pleas for the same cause of action, in which the defendant pleaded nil debit.
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Motion for a mandamus. The relator was sued before a justice, by the commissioners of highways of the town of Marcellus, for obstructing a highway and a penalty of $5 claimed of him. The relator interposed a plea of title, and entered into a recognizance to appear and put in special bail in a suit to be commenced in the common pleas for the same cause of action. A suit was commenced in' the common pleas for the same cause of action, in which the defendant pleaded nil debit. The cause was tried, and the jury found a verdict for $5 debt and six cents costs; and on the motion of the plaintiffs,…
1Opinion of the Court
By the Court, Marcy, J.
The law relative to pleading title in justice’s courts, is altered by the statute of 1824, (Statutes, 6th vol, c. 283.) Formerly a plea of title could be interposed only in an action for trespass on land or other real estate. (1 R. L. 390.) Now it may be “in any action wherein the title to land shall in any wise come in question,” The defendant having put in his plea and entered into the recognizance, the justice was deprived (^jurisdiction, and the plaintiffs had a right to commence their suit for the same cause of action in the common pleas, and prevailing, were…
2Cited by4 opinions
- Bank of Geneva v. ReynoldsNew York Supreme Court · 1860
- Fleet v. YoungsNew York Supreme Court · 1831
- Little v. . DennNew York Court of Appeals · 1866
- State v. DoaneWisconsin Supreme Court · 1861