People v. New York & Manhattan Beach Railway Co.
New York Court of Appeals
Appeal from judgment of- the G-eneral Term of the Supreme Court, in the second -judicial department," entered upon an order made the second Monday of September, 1880, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 22 Hun, 95.) The nature of the action and the material allegations of the complaint are set forth in the opinion.
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Appeal from judgment of- the G-eneral Term of the Supreme Court, in the second -judicial department," entered upon an order made the second Monday of September, 1880, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 22 Hun, 95.) The nature of the action and the material allegations of the complaint are set forth in the opinion. The cause of action set out in the complaint is within the statute (Laws of 1875, chap. 49), so as to sustain a suit by the people under that statute. (New Code, §1969.) A county is…
1Opinion of the CourtAndrews, J.
We think the demurrer in this case was well taken.
The action is brought under the assumed authority of the act chap. 49 of the Laws of 1875 to recover possession of certain common lands in the town of Gravesend, granted in 1645 by a charter of the Dutch government, subsequently confirmed by the English colonial goverment, to certain freeholders and inhabitants of said town and to their successors, for the use of the town, which lands, the complaint alleges, are now the property of the town.
The complaint charges that the defendant, The Hew York and Manhattan Beach Railway Company, wrongfully…
2Cases cited2 opinions
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Denton v. JacksonNew York Court of Chancery · 1817
3Cited by27 opinions
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- People v. . RichardsNew York Court of Appeals · 1888
- State v. SchuchmannSupreme Court of Missouri · 1896
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