Graves v. McKeon
New York Supreme Court
Error from the Columbia common pleas to review a judgment of that court reversing on certiorari a judgment rendered before a justice of the peace. The plaintiffs in error were also plaintiffs in the justice’s court.
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Error from the Columbia common pleas to review a judgment of that court reversing on certiorari a judgment rendered before a justice of the peace. The plaintiffs in error were also plaintiffs in the justice’s court. The return states that they declared against the defendant “in ,an action of trespass and for breaking in and destroying and taking from the premises of plaintiffs certain boards and other fencing stuff and converting the same to his own use”; audit does not appear that there was any mention of the place where the premises were situated, or where the trespass was committed. The…
1Opinion of the Court
By the Court, Jewett, J.
The defendant in error objects that as it does not appear affirmatively that the premises on which the trespass is alleged to have been committed were situated in the county of Columbia, the judgment was erroneous, on the ground that such an action is local at common law, and that unless the lands were situated in the county where the action was brought and tried, the justice had no jurisdiction. There is no doubt but that the action of trespass quare clausum fregit at common law is local. (Watts v. Kinney, 23 Wend. 484; 6 Hill*640, 82, S. C. in error.) Such action for an…
2Cases cited4 opinions
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
- Sumner v. FineganMassachusetts Supreme Judicial Court · 1818
- Hopkins v. HaywoodNew York Supreme Court · 1835
- Morton v. ChaseSupreme Judicial Court of Maine · 1838
3Cited by12 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Brandon v. . AveryNew York Court of Appeals · 1860
- Lapham v. . RiceNew York Court of Appeals · 1874
- Oliver v. LoyeMississippi Supreme Court · 1881
- Bogert v. HaightNew York Supreme Court · 1855
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