Stewart v. Wallis
New York Supreme Court
ACTION for trespass on land. The defendant justified as commissioner of highways, alleging the entry complained of to have been in the performance of his official duties in the opening and working a highway properly laid out, and that the locus in quo was a public highway.
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ACTION for trespass on land. The defendant justified as commissioner of highways, alleging the entry complained of to have been in the performance of his official duties in the opening and working a highway properly laid out, and that the locus in quo was a public highway. The order laying out the highway was signed by only two commissioners, and the orders and proceedings did not show that the third commissioner attended and took part in the deliberations, or that he was notified and failed to attend. The defendant offered to show that the third commissioner was duly notified and failed to…
1Opinion of the Court
By the Court, W. F. Allen, J.
Had the pleadings in this action been subject to the rules of the common law, the position of the defendant, regarding his justification, would have been correct, and the plaintiff not having new assigned the trespass, and particularly pointed out and described the locus in quo, the defendant would have been entitled to a verdict. (1 Chit. Pl. 663.) The code, however, has established an entirely different system of pleadings, and a new assignment would be wholly out of place under it. In courts of justice of the peace, the only pleadings are a complaint and…
2Cases cited6 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Green v. MillerNew York Supreme Court · 1810
- Fitch v. Commissioners of HighwaysNew York Supreme Court · 1839
- Tucker v. RankinNew York Supreme Court · 1853
- Ellice v. BoyerNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
- People Ex Rel. Ottman v. HyndsNew York Court of Appeals · 1864
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
- Hall v. HodskinsNew York Supreme Court · 1865
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
6 more not listed; retrieve them via the Exa API.