People v. Ostrander
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from an order of the Supreme Court, made at the Clinton Special Term and entered in the office of the ¿lerk of the county of Essex on the 8th day of December, 1910, granting leave to the defendant to serve an amended answer.
1Opinion of the Court
Houghton, J.:
The action is to recover damages for cutting timber upon lands claimed to belong to the State. The court permitted the defendant, upon terms, to serve an amended answer setting up the Statute of Limitations, that the plaintiff was estopped from claiming title to the lands in question because it had enacted statutes with reference to the land in controversy recognizing the title of defendant and his grantors, and that the law under which treble damages were sought to be recovered was unconstitutional.
The plaintiff insists that the defense of estoppel is not operative against the…
2Cases cited9 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- People v. . HagadornNew York Court of Appeals · 1887
- Massachusetts National Bank v. ShinnNew York Court of Appeals · 1900
- Wallace v. . McEchronNew York Court of Appeals · 1903
- Dodge v. . CorneliusNew York Court of Appeals · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- W. H. H. Chamberlin, Inc. v. AndrewsNew York Supreme Court · 1936
- Whitehall Water Power Co. & Champlain Silk Mills v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1914
- People v. Samuel Feldman Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1935
- In re the Estate of CosterNew York Surrogate's Court · 1937
- People v. Santa Clara Lumber Co.New York Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.