M'Farlan v. Townsend
New York Supreme Court
Demurrer to declaration. The demurrer book contains a memorandum, that in January term. 1835, the plaintiff prosecuted his certain writ of nuistnce against the defendant, in pursuance of the statute in such case made and provided, which said writ is in the words following, to wit; “The People.” &c,. settting forth a writ of nuisance, in the form prescribed by 2 R. S. 332, § 3. The demurrer book then proceeds to state, that afterwards, to wit, in the term, &c., the plaintiff…
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Demurrer to declaration. The demurrer book contains a memorandum, that in January term. 1835, the plaintiff prosecuted his certain writ of nuistnce against the defendant, in pursuance of the statute in such case made and provided, which said writ is in the words following, to wit; “The People.” &c,. settting forth a writ of nuisance, in the form prescribed by 2 R. S. 332, § 3. The demurrer book then proceeds to state, that afterwards, to wit, in the term, &c., the plaintiff by his attorney aforesaid, filed and served, his declaration in the said suit, in the words following, to wit: Orange…
1Opinion of the Court
By the Court,
Bronson, J.
The assise of nuisance, and the writ of quoad permiltat, for injuries of the character described in the declaration, have long since fallen into disuse; and an action on the case to recover damages has been substituted for the old common law remedies. The writ of nuisance was retained in the late revision of the laws; but there is little probability that this form of proceeding, which seems never to have been followed in this state, and which has been out of use in England more than a century, will now be revived. It is nevertheless a legal remedy, and if we can take…
2Cases cited1 opinion
- Durfee v. HeemstreetNew York Supreme Court · 1828
3Cited by3 opinions
- Nichols & Fay v. Rensselaer County Mutual InsuranceNew York Supreme Court · 1839
- Reeder v. MooreMichigan Supreme Court · 1893
- Cornes v. . HarrisNew York Court of Appeals · 1848