Weeks v. Stroble
New York County Court, Ulster County
The justice issued his summons in this action March SSth, 1867, returnable April 7th, 1868. The summons having been duly served, the parties appeared on the return day and joined issue. The complaint was for trespass upon the plaintiff’s close and premises. The answer was a general denial. The cause was then adjourned by consent to April 8th, the next day.
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The justice issued his summons in this action March SSth, 1867, returnable April 7th, 1868. The summons having been duly served, the parties appeared on the return day and joined issue. The complaint was for trespass upon the plaintiff’s close and premises. The answer was a general denial. The cause was then adjourned by consent to April 8th, the next day. On the adjourned day the parties again appeared, and the defendant moved for leave to amend his answer by pleading title to the lands upon which the alleged trespass was committed, and offered the necessary undertaking. The justice denied…
1Opinion of the Court
Schoonmaker, County J.
The only point presented in this case, is whether a defendant can interpose an answer of title to real property before a justice after issue joined, and on an adjourned day. The statute on this subject before Code, was as follows : .
“In every action where the title to lands shall in any wise, come in question, the defendant at the time when he is required to join issue, and not after, may plead specially any plea showing that the title of lands will come in question,” &c. (2 Rev. Stat., 2d ed. 168, § 59.) The next section provided, that “ at the time of tendering such…