Palmer v. Aldridge
New York Supreme Court
This action was originally commenced in a justice’s court. The defendant, in his answer to the complaint, set forth matter showing that the title to land would come in question on the trial before the justice. The defendant having given the proper undertaking and complied with the statute in such case made and provided, the action was discontinued before the justice and commenced in this court by the deposit of a summons and complaint with the justice.
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This action was originally commenced in a justice’s court. The defendant, in his answer to the complaint, set forth matter showing that the title to land would come in question on the trial before the justice. The defendant having given the proper undertaking and complied with the statute in such case made and provided, the action was discontinued before the justice and commenced in this court by the deposit of a summons and complaint with the justice. The complaint was for trespass on lands. The answer denied the complaint and set up special matters of defense. The reply denied the new…
1Opinion of the Court
By the Court, Gridley, J.
The plaintiff brought an action in the supreme court against the defendant, and declared against him for unlawfully and wrongfully entering on his premises; and then and there taking down, removing, breaking and injuring a fence, belonging to the plaintiff, and in his occupation. The defendant denied each allegation in the complaint; and further pleaded, that the premises in question were the property of the state, being a part of the lands appropriated for the Erie canals; and that he had,"by permission of the superintendent of repairs, before that time deposited a…
2Cases cited3 opinions
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- Parmelee v. Oswego & Syracuse RailroadNew York Supreme Court · 1850
- People ex rel. Johnson v. BentonNew York Supreme Court · 1849
3Cited by6 opinions
- Beardslee v. New Berlin Light & Power Co.New York Court of Appeals · 1912
- People ex rel. Langdon v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899
- Farnsworth v. Western Union Telephone Co.New York Supreme Court · 1889
- Josh v. MarshallAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Langdon v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899
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