La Rue v. . Smith
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered December 26, 1895, which affirmed a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entitled to a judgment upon the undisputed facts.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered December 26, 1895, which affirmed a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entitled to a judgment upon the undisputed facts. (United States v. Kennedy, 3 McLean, 175 ; Dubois v. Beaver, 25 N. Y. 123 ; Her rick v. Stover, 5 Wend. 587; Dixon v. Clow, 24 Wend. 188; S. R. Co. v. A. & R. R. R. Co., 5 Hill, 170.) The referee erred in overruling an objection by…
1Opinion of the CourtO’Bbieh, J.
This action was originally brought by the plaintiff’s testator, in a Justice’s Court, to recover damages in the sum of $55 for an alleged trespass by the defendant upon the plaintiff’s land. The defendant interposed an answer before the justice which was supposed to contain a plea of title under § 2951 of the Code. The controversy was then transferred to the Supreme Court on the same pleadings and there tried before a referee, who ordered judgment for the defendant and dismissed the complaint, with costs. This judgment has been affirmed at General Term.
Ho appeal lies to this court from such a…
2Cases cited5 opinions
- Adams v. RiversNew York Supreme Court · 1851
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Dewey v. BordwellNew York Supreme Court · 1832
- Dunster v. . KellyNew York Court of Appeals · 1888
- Bowyer v. SchofieldNew York Court of Appeals · 1866
3Cited by10 opinions
- Jones v. . ReillyNew York Court of Appeals · 1903
- McCarthy's Admr. v. Village of NorthfieldSupreme Court of Vermont · 1915
- People ex rel. Hill v. KelseyNew York Supreme Court · 1913
- Willson v. Faxon, Williams & FaxonAppellate Division of the Supreme Court of the State of New York · 1910
- Doughty v. Kingsley, New York County Courts1910
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