Leprell v. Kleinschmidt
New York Supreme Court
Appeal from special term, Erie county. Action by John and Theresa Leprell against Barbara Kleinschmidt. Defendant appeals from an order denying a motion to set aside a taxation of costs in plaintiffs’ favor, made on their application before entry of judgment on the verdict.
1Opinion of the CourtBarker, P. J.
The question presented demands that a construction be placed on the plaintiffs’ complaint as to the nature and character of the cause of action set forth therein. The plaintiffs contend that the action is ejectment for the recovery of the possession of a parcel of land, and damages for its detention by the defendant. This is disputed by the defendant, who claims that the alleged cause of action is for trespass, and entitles the plaintiffs to damages only. In defendant’s construction of the complaint, I concur. The first averment is that the plaintiffs are the owners and are entitled to the…
2Cases cited2 opinions
- Aiken v. BenedictNew York Supreme Court · 1863
- Heintz v. DellingerNew York Supreme Court · 1864