Legal Opinion
Heaney v. Purdy
New York Court of Appeals
Decided July 6, 1971PublishedCited by 47 opinions
1Opinion of the CourtBurke, J.
Plaintiff, in Ontario, Canada, went to Lake Erie and encamped on a beach in front of defendant’s house. Defendant, claiming title to the beach, had plaintiff arrested and charged with trespass pursuant to the Petty Trespass Act. After a three-hour trial, the Ontario Magistrate’s Court declined jurisdiction. The holding was based on subdivision 3 of the Petty Trespass Act, which provides as follows: “ Nothing in this Act shall authorize any justice of the peace to hear and determine any case of trespass in which the title to land, or to any interest therein, is called in question or affected;…
2Cases cited5 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Hauser v. BartowNew York Court of Appeals · 1937
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- Levy's Store, Inc. v. Endicott-Johnson Corp.New York Court of Appeals · 1936
3Cited by47 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
- Gutierrez v. CollinsTexas Supreme Court · 1979
- Smith-Hunter v. HarveyNew York Court of Appeals · 2000
- James A. Russell v. James Smith and City of New YorkCourt of Appeals for the Second Circuit · 1995
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