Hay v. Knauth
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Warren county. Action by Isabella Hay against Pereival Knauth and another for an injunction to restrain the obstruction of a private road. From an interlocutory judgment overruling a demurrer to the .complaint, defendant Antonio Knauth appeals. The following is a copy of the plat referred to in the opinion:
1Opinion of the CourtLandon, J.
The complaint prays that the defendant be enjoined from maintaining, a house and fence upon an alleged private road, and that he remove the same therefrom. The demurrer alleges that the complaint does not state facts sufficient to constitute a cause of action. The complaint, in addition to some formal allegations, alleges: That in February, 1891, Allan Hay and James Hay, who were father and son, were, respectively, the owners of adjoining parcels of land, bounded on the east by Lake George, and on the west by the public highway known as the “Lake Bead,” James Hay owning the northerly parcel,…
2Cases cited16 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Durnherr v. . RauNew York Court of Appeals · 1892
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
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