Legal Opinion

People v. Mayor of New York

New York Supreme Court

Decided October 28, 1858PublishedCited by 18 opinions

DEMURRER to complaint. The complaint, as amended alleged that the people of the state of New York are now, and have been for many years past, owners in fee of certain premises situate in the city of New York, and lying on the westerly side of West street, and north of a parallel line of the southerly line of Dey street and south of the northerly line of Yesey street, in the third ward of the said city, and which premises are about 480 feet on West street and extend westerly…

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DEMURRER to complaint. The complaint, as amended alleged that the people of the state of New York are now, and have been for many years past, owners in fee of certain premises situate in the city of New York, and lying on the westerly side of West street, and north of a parallel line of the southerly line of Dey street and south of the northerly line of Yesey street, in the third ward of the said city, and which premises are about 480 feet on West street and extend westerly about 440 feet, and are legally entitled to the rents, issues and profits thereof, up to the first of May, and to the…

1Opinion of the CourtSutherland, J.

Before the code, when actions had .names, this action would have been called an action of ejectment to recover the possession of certain real estate in the city of Hew York. The corporation of the city of Hew York, and about one hundred and sixty of the other defendants jointly demur to the complaint, on the following grounds : First. That it does not contain facts sufficient .to constitute a cause of action. Second. That three sep>arate and distinct causes of action are improperly joined, to wit: (1.) A cause of action by the people for 'improvident and unlawful management of property by the…

2Cases cited10 opinions

  1. Smith v. SwormstedtSupreme Court of the United States · 1854
  2. Richards v. EdickNew York Supreme Court · 1853
  3. Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
  4. Watson v. HussonThe Superior Court of New York City · 1852
  5. Shaver v. M'GrawNew York Supreme Court · 1834

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3Cited by18 opinions

  1. Robertson v. PerkinsSupreme Court of the United States · 1889
  2. May v. JonesSupreme Court of Georgia · 1891
  3. Barclay v. Quicksilver Mining Co.New York Supreme Court · 1872
  4. Genesee Valley Canal Railroad v. SlaightNew York Supreme Court · 1888
  5. Dunn v. GibsonNebraska Supreme Court · 1880

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