Barnard v. Clark
New York County Courts
Appeal from, a judgment rendered by William M. Norton, a justice of the peace of the town of Western, for thirty-nine dollars and ninety cents damages and costs, upon the verdict of a jury. The action is for trespass, in cutting and carrying off and converting timber. No claim was made in the complaint for treble damages. At the joining of issue defendant answered by a general denial.
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Appeal from, a judgment rendered by William M. Norton, a justice of the peace of the town of Western, for thirty-nine dollars and ninety cents damages and costs, upon the verdict of a jury. The action is for trespass, in cutting and carrying off and converting timber. No claim was made in the complaint for treble damages. At the joining of issue defendant answered by a general denial. Upon the adjourned day defendant tendered to the justice an amended answer, alleging title to the real estate in question in a third person and that he was authorized by such third person to cut the timber in…
1Opinion of the CourtDunmore, J.
The first point presented on this appeal is whether a defendant can interpose an answer alleging title to real property *331before a justice after issue joined, and on an adjourned day. The statute upon that subject before the Code was as follows: “In every action where the title to lands shall in anywise 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,” etc. 2 R. S. (2d ed.) 168, § 59. The next section provided for tendering a bond, etc. The statute expressly limited…
2Cases cited3 opinions
- President of Chemung Canal Bank v. JudsonNew York Supreme Court · 1854
- Smith v. MittenNew York Supreme Court · 1856
- Weeks v. StrobleNew York County Court, Ulster County · 1868