Wilkins v. Williams
New York Supreme Court
Appeal from Cattaraugus county court. Action in the county court of Cattaraugus county to recover possession of real property, which plaintiff claimed under a lease from the owner, and also to recover possession of blacksmith’s tools belonging to plaintiff, with damages for detention of both.
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Appeal from Cattaraugus county court. Action in the county court of Cattaraugus county to recover possession of real property, which plaintiff claimed under a lease from the owner, and also to recover possession of blacksmith’s tools belonging to plaintiff, with damages for detention of both. The jury found that “plaintiff is entitled to the possession of the property in dispute; that the value of its use or the rental value per month is $18; that the plaintiff is entitled to recover $24,” and they fixed his damages at that sum; “that the plaintiff’s interest in said premises is a special…
1Opinion of the CourtBarker, P. J.
By the record it appears that the title to real estate was put in issue by the pleadings, and that question was tried, and determined "in plaintiff’s favor. The complaint alleges that the plaintiff is rightly entitled to the immediate possession of a parcel of land under and by virtue of a written lease from the owner, naming him. These averments are denied by the answer. The right of possession was thus put in issue by the pleadings. Powers v. Conroy, 47 How. Pr. 84, and the cases there collated.
The county court had no jurisdiction to try the issue as to the right of the plaintiff to the…
2Cases cited1 opinion
- Powers v. ConroyNew York Supreme Court · 1874
3Cited by2 opinions
- Lopiano v. Telephone Co.New York Supreme Court · 1931
- Ertrachter v. Locust Building Co., New York County Courts1918