Pugsley v. . Kisselburgh
New York Court of Appeals
Motion to dismiss appeal. The plaintiff commenced a suit in October 1848, against the defendants before a justice of the peace of Columbia county, and complained against them for breaking and destroying his fences, and entering upon and injuring his lands and crops growing thereon.
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Motion to dismiss appeal. The plaintiff commenced a suit in October 1848, against the defendants before a justice of the peace of Columbia county, and complained against them for breaking and destroying his fences, and entering upon and injuring his lands and crops growing thereon. The defendants in their answer justified the entry, alleging that they were commissioners of highways of the town where the premises entered upon were situated; that the premises were of right a public highway, but had been enclosed and the highway obstructed by the plaintiff, and that the acts complained of were…
1Opinion of the Court
By the Court, Johnson, J.
In Brotherson vs. Wright (15 Wend. 257), and The People vs. The Albany Com. Pleas (19 Wend. 123), it appears not to be necessary that the record should show the identity of the suit in the Common Pleas with that begun in the Justice’s Court; for although it did not in those cases appear from the record, yet the suits were regarded as continuations of those commenced in the Justices’ Courts. If this be so, then unless we are prepared to reject the authority of Brown vs. Brown (6 How. Pr. R. 320), in this court, we must look into the motion papers to see whether the…
2Cases cited1 opinion
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
3Cited by2 opinions
- Niagara Falls Suspension Bridge Co. v. BachmanNew York Supreme Court · 1871
- Brown v. BrownNew York Court of Appeals · 1851