Little v. . Denn
New York Court of Appeals
Appeal by plaintiff- from the judgment of the General Term affirming the judgment of the County Court, which reversed that of the justice. The plaintiff brought this action to recover of the defendant the penalty of five dollars, for obstructing a public highway.
Read the full summary
Appeal by plaintiff- from the judgment of the General Term affirming the judgment of the County Court, which reversed that of the justice. The plaintiff brought this action to recover of the defendant the penalty of five dollars, for obstructing a public highway. (1 E. S., 121, § 102.) The complaint alleged that the road was laid out along the line of the land of Bichard E. and William Garrison, and from that point about one hundred rods through the defendant’s land, and that it was opened and worked in 1852, and was used and traveled until the defendant shut it up, by a fence across it, in…
1Opinion of the Court
It is admitted, and indeed could not be denied, that the defendant was precluded from drawing the title in question upon the trial, by reason of his omission to give an undertaking with his answer. (Code, § 58.)
There is another provision of law which requires the justice to dismiss the cause, if it appears upon the trial, from the plaintiff's own showing, that the title to real property is in question, and such title shall be disputed by the defendant. (Code, § 59.)
Notwithstanding this provision of law, it is well settled that the justice may inquire into the title so far as the mere naked…
2Cases cited10 opinions
- Striker v. MottNew York Supreme Court · 1831
- Willoughby v. JenksNew York Supreme Court · 1838
- Heaton v. FerrisNew York Supreme Court · 1806
- Parker v. Van HoutenNew York Supreme Court · 1831
- Saunders v. A. & W. WilsonNew York Supreme Court · 1836
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Ostrom v. PotterMichigan Supreme Court · 1888
- Campbell v. RodgersAppellate Terms of the Supreme Court of New York · 1911
- City of New Rochelle v. New Rochelle Coal & Lumber Co.New York Supreme Court · 1913
- Town of West Union v. RicheyAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.