Boyce v. Perry
New York County Courts
Action was begun in a Justice’s Court, before M. A. Martin, Esq., justice of the peace in and for the town of Malone, for the replevin of certain animals found by appellant doing damage upon his property. The complaint, although containing some inconsistencies, may perhaps be considered in the absence of objections thereto as sufficient for the purposes intended.
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Action was begun in a Justice’s Court, before M. A. Martin, Esq., justice of the peace in and for the town of Malone, for the replevin of certain animals found by appellant doing damage upon his property. The complaint, although containing some inconsistencies, may perhaps be considered in the absence of objections thereto as sufficient for the purposes intended. It contains the statement that “ plaintiff was the owner and in the lawful possession ” of the animals for the recovery of which this action was brought. The defendant filed an answer to the complaint, admitting the ownership of the…
1Opinion of the CourtBeman, J.
The animals in question were arrested or distrained by defendant while trespassing and doing damage upon his premises. The animals came upon the premises of defendant from the lands owned or occupied by the plaintiff, and it is not proven in the case that the route of access to defendant’s premises was through *357any part of a division fence, which the defendant was bound to maintain, or that they came upon his lands through any fault or neglect upon his part.
Finding these animals doing damage on his lands, defendant availed himself of chapter 569 of the Laws of 1890, for the purpose of…
2Cited by2 opinions
- Lynch v. FordAppellate Division of the Supreme Court of the State of New York · 1902
- Lynch v. FordAppellate Division of the Supreme Court of the State of New York · 1902