Williams v. Sheldon
New York Supreme Court
This was an action of trespass'for entering upon a lot of the plaintiff, and cutting and carrying away pine logs, tried at the Oneida circuit in April, 1831, before the Hon. Nathan Williams, one of the circuit judges. The suit was brought against eight defendants, who separately put in a plea of not guilty.
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This was an action of trespass'for entering upon a lot of the plaintiff, and cutting and carrying away pine logs, tried at the Oneida circuit in April, 1831, before the Hon. Nathan Williams, one of the circuit judges. The suit was brought against eight defendants, who separately put in a plea of not guilty. The plaintiff proved the cutting and carrying away of about 150 saw-logs; that a road was made to his lot for the purpose of taking timber from it; that all the defendants, about the same period of time, were engaged in committing trespasses upon the lot; that there was a shanty erected on…
1Opinion of the Court
By the Court,
Sutherland, J.
The only questions which arose upon the trial were, first, whether a joint trespass had been established against all the defendants, and secondly, whether the exemplification of the patent for the Woodhull *656township to Thomas Matchin, from whom the plaintiff derived his title, was properly admitted in evidence,
Upon the first point the evidence was abundantly sufficient to justify the judge in submitting it as a question of fact to the jury. His charge was unexceptionable. He instructed the jury that to entitle the plaintiff to a verdict against all the defendants as…
2Cited by27 opinions
- Dyett v. . HymanNew York Court of Appeals · 1891
- O'Malley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Grant v. SmithMichigan Supreme Court · 1872
- Vidal v. ErrolSupreme Court of New Hampshire · 1932
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