Smalling v. Jackson
Appellate Division of the Supreme Court of the State of New York
■Appeal by the defendants, Harry N. Jackson and others, from a judgment of the County Court of Suffolk. county in favor of the plaintiff, entered in the office of the clerk of said county on the 25th day of August, 1908, pursuant to an order of- said County Court bearing date the 15th day .of August, 1908, and entered in said clerk’s office,, affirming a judgment of tlié Justice’s Court of the town of Islip, and also from the said order. upon which the judgment appealed from…
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■Appeal by the defendants, Harry N. Jackson and others, from a judgment of the County Court of Suffolk. county in favor of the plaintiff, entered in the office of the clerk of said county on the 25th day of August, 1908, pursuant to an order of- said County Court bearing date the 15th day .of August, 1908, and entered in said clerk’s office,, affirming a judgment of tlié Justice’s Court of the town of Islip, and also from the said order. upon which the judgment appealed from was entered.
1DissentBurr, J.
The plaintiff was.a resident of the town of Babylon. On October 15, 1907, he hired from Philander Swezey and Ernest Swezey certain fishing nets belonging to them, together with their services as fishermen from the said 15th day of October until the 1st day of December, 1907, for which he agreed to pay them $400. The Swezeys were not residents of. Babylon. On the sixteenth day of ¡November the defendants forcibly took'up some of these nets which had been set and were being used for fishing purposes, and deprived plaintiff of the use of them for the remainder of the term for which they had been…
2Cases cited6 opinions
- Marsden v. . CornellNew York Court of Appeals · 1875
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- Einstein v. DunnAppellate Division of the Supreme Court of the State of New York · 1901
- Einstein v. . DunnNew York Court of Appeals · 1902
- Hoyt v. . CrossNew York Court of Appeals · 1888
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