Archibald v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1896, modifying and, as modified, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1896, modifying and, as modified, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. As to the parcel firstly describéd in the amended complaint, neither the plaintiff, her ancestors, predecessors or grantors, nor any of them, have been seized or possessed of the said parcel, or of the undivided one-half part thereof, within…
1Opinion of the CourtO’Brien, J.
This action has assumed the form of one in equity to abate a nuisance which it is alleged the defendant maintains upon the plaintiff’s land, but in every substantial respect it is really an action at law to recover the possession of real property. There was no question made, however, in the courts below with respect to the form of the action, and no question of that kind is raised here. The case must, therefore, be reviewed in this court in the same way as if it had been in form what it is in fact, an action at law to recover the possession of real property. The principles of law that apply…
2Cases cited11 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Snider v. CroyNew York Supreme Court · 1807
- Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Thompson v. . BurhansNew York Court of Appeals · 1879
- Bliss v. . JohnsonNew York Court of Appeals · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Town of Guilderland v. SwansonAppellate Division of the Supreme Court of the State of New York · 1968
- Carpenter v. SicklesNew York Supreme Court · 1958
- Brooklyn, Queens County & Suburban Railroad v. BirdNew York Supreme Court · 1912
- Turiano v. StateNew York Court of Claims · 1987
- Ammirati v. Van WicklenNew York Supreme Court · 2007
4 more not listed; retrieve them via the Exa API.