Dodge v. . Colby
New York Court of Appeals
Appeal from, interlocutory judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 9, 1885, which affirmed a judgment in favor of plaintiff, entered upon an order overruling .a demurrer to the complaint herein.
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Appeal from, interlocutory judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 9, 1885, which affirmed a judgment in favor of plaintiff, entered upon an order overruling .a demurrer to the complaint herein. (Reported below, - 37 Hun, 515.) The complaint herein contained three counts.' The first two alleged in substance that plaintiff was the owner in fee of certain lands situate in the state of Georgia; that defendant and his agents “ caused various persons to cut timber and take turpentine, the property of the plaintiff,”…
1Opinion of the Court
Hdgbb, Oh. J.
The complaint contained three counts and the defendant demurred to it and to each separate cause of action stated therein upon three grounds, viz.:
First. That the court has not' jurisdiction of the subject of the action.
Second. That the complaint does not state facts sufficient to constitute a cause of action.
Third. That causes of action have been improperly united, viz., a cause of action for a slander of title, being a transitory action, with one for trespass on lands without the state, of which the court has no jurisdiction.
The Special Term overruled the demurrer, and on…
2Cases cited1 opinion
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
3Cited by25 opinions
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
- Barrett v. . PalmerNew York Court of Appeals · 1892
- Montesano Lumber Co. v. Portland Iron WorksOregon Supreme Court · 1915
- Richmond Cedar Works v. J. L. Roper Lumber Co.Supreme Court of North Carolina · 1913
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