Legal Opinion

People v. . Santa Clara Lumber Co.

New York Court of Appeals

Decided December 18, 1914PublishedCited by 3 opinions

Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 23, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Court of Appeals has jurisdiction to determine the issues herein upon the. merits.

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Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 23, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Court of Appeals has jurisdiction to determine the issues herein upon the. merits. (Hirschfield v. Fitzgerald, 157 N. Y. 166; Matter of Green, 153 Y. Y. 223; Everett v. Everett, 180 Y. Y. 452; Smyth v. Brooklyn Union El. Ry.…

1Opinion of the CourtChase, J.

The actions are each brought for alleged trespass. The controlling issue upon the determination of which the judgments are based is the title to about 2,315 acres of land which are situated in the town of New-comb, Essex county, New York. The plaintiff in each case alleges that it is and at all the times set forth in the complaint has been the owner in fee simple absolute of said lands. The defendant in each case denies that the plaintiff is the owner of said lands. The tract in dispute is about half a mile wide and about six miles long and it lies directly south of Township No. 27, of Great…

2Cases cited4 opinions

  1. Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
  2. Thompson v. . BurhansNew York Court of Appeals · 1874
  3. Thompson v. . BurhansNew York Court of Appeals · 1879
  4. Thompson v. BurhansNew York Supreme Court · 1870

3Cited by3 opinions

  1. People v. Tahawus Purchase, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
  2. Low v. WebbAppellate Division of the Supreme Court of the State of New York · 1944
  3. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937

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