People v. . Hagadorn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the third judicial department, entered upon an order made June 29, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Oourt, in the third judicial department, entered upon an order made June 29, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Beported below, 36 Hun, 610.) This action was brought to recover the value of certain lumber manufactured from logs cut by defendants from certain lands in Fulton county, to which plaintiff claimed title under a comptroller’s deed on sale of the land for unpaid taxes. The facts, so far as material, are stated in the opinion. The trial court…
1Opinion of the Court
Ruger, Ch. J.
The pleadings in this case on both sides seem to be inartiffcially drawn, and if the proper objections had been taken it is by no means certain, that a defense could have been proved, but under the liberal rules established by the Code of Civil Procedure, and the course of the trial, we are constrained to determine the case upon the facts proved, and the issue thus apparently made and tried.
Rot only the complaint but also the answer was argumentative in character. The plaintiff deducing its title to the lumber in dispute, as the result of its alleged ownership of the lands, and…
2Cases cited8 opinions
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Whitney v. . ThomasNew York Court of Appeals · 1861
- Hall v. KelloggMichigan Supreme Court · 1867
- Doughty v. HopeNew York Court of Appeals · 1848
- Hardenburgh v. Kidd, Marsh, & ReedCalifornia Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Shattuck v. . BascomNew York Court of Appeals · 1887
- Helterline v. PeopleNew York Court of Appeals · 1946
- Stebbins v. . KayNew York Court of Appeals · 1890
- People v. . InmanNew York Court of Appeals · 1910
- Graham v. Florida Land & Mortgage Co.Supreme Court of Florida · 1894
39 more not listed; retrieve them via the Exa API.