Shull v. Green
New York Supreme Court
PPEAL from an order of Justice Bacon, at special term, setting aside the defendant’s judgment for costs, in a suit originally commenced in a justice’s court, and dismissed there upon a plea of title by the defendant. The form of the pleadings, as well as the questions presented upon the appeal, are stated in the opinion of the court. The plaintiff, on a trial of the action in the Supreme Court, recovered less than fifty dollars.
Read the full summary
PPEAL from an order of Justice Bacon, at special term, setting aside the defendant’s judgment for costs, in a suit originally commenced in a justice’s court, and dismissed there upon a plea of title by the defendant. The form of the pleadings, as well as the questions presented upon the appeal, are stated in the opinion of the court. The plaintiff, on a trial of the action in the Supreme Court, recovered less than fifty dollars. As to the piece of land covered by the defendant’s plea of title, the plaintiff gave no evidence to sustain his complaint, but confined his evidence to the residue of…
1Opinion of the Court
By the Court, Morgan, J.
There was no reason why the parties should have got themselves into difficulty in this case. It appears that the plaintiff sued the defendant for unlawfully entering upon his lands, at various times, and doing him damage. He described his lands by metes and bounds, which included a certain strip of land in the actual possession of the defendant. How, it was not necessary for the defendant to put in a plea of title covering this strip of land. The plaintiff could not maintain any action in a justice’s court for an unlawful entry upon land in the possession of the…
2Cases cited2 opinions
- Stewart v. WallisNew York Supreme Court · 1858
- Burhans v. TibbitsNew York Supreme Court · 1852
3Cited by1 opinion
- Baier v. ZiegelbauerWisconsin Supreme Court · 1886