Pugsley v. Kisselburgh
New York Court of Appeals
The plaintiff commenced a suit in October, 1848, against the defendants before a justice of the peace of Columbia county, and complained against them for breaking and destroying his fences and entering upon and injuring his lands, and crops growing thereon.
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The plaintiff commenced a suit in October, 1848, against the defendants before a justice of the peace of Columbia county, and complained against them for breaking and destroying his fences and entering upon and injuring his lands, and crops growing thereon. The defendants in their answer justified the entry, alleging that they were commissioners of highways of the town where the premises entered upon were situated, that the premises were of right a public highway, but had been enclosed and the highway obstructed by the plaintiff, and that the acts complained of were done by them in removing…
1Opinion of the CourtJohnson, J.
From the cases of Brotherton v. Wright (15 Wend., 237), and The People v. the Albany Common Pleas (19 Wend., 123), it appears not to be necessary that the record should show the identity of the suit in the common pleas with that begun in the justices’ court; for although it did not in those cases appear from the record the suits were regarded as continuations of those commenced in the justices’ courts. If this be so, then unless we are prepared to reject the authority of Brown v. Brown (6 How. Pr. Rep., 320,) in this court, we must look into the motion papers to see whether the suits are…
2Cases cited3 opinions
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
- Brotherton v. WrightNew York Supreme Court · 1836
- Brown v. BrownNew York Supreme Court · 1851
3Cited by1 opinion
- Blatchford v. NewberryIllinois Supreme Court · 1880