Legal Opinion

Layton v. McConnell

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901PublishedCited by 6 opinions

Appeal by the defendant, Lizzie McConnell, from a judgment of the County Court of Orange county in favor of the plaintiffs, entered in the office of the clerk of the county of Orange on the 30th day of April, 1900, affirming a judgment of a justice of the peace, and also from an order entered in said clerk’s office on the 30th day of April, 1900, affirming said judgment of said justice of the peace.

1Opinion of the Court

Woodward, J.:

This action was brought before a justice of the peace of the town of Warwick, Orange county, to, recover damages for injury to property under the provisions of section 654 of the Penal Code, which provides, in addition to the punishment prescribed, that the defendant is “liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property.” A summons, such as is customary in a civil action,- was duly served upon the defendants, who appeared in person on the return day. The plaintiffs put in a written complaint, charging the defendants…

2Cases cited4 opinions

  1. Cowenhoven v. . BallNew York Court of Appeals · 1890
  2. Newcomb v. ButterfieldNew York Supreme Court · 1811
  3. King v. HavensNew York Supreme Court · 1841
  4. City of Brooklyn v. Brooklyn City & Newtown RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by6 opinions

  1. Leonia Amusement Corp. v. Loew's Inc.District Court, S.D. New York · 1953
  2. Banana Distributors, Inc. v. United Fruit Co.District Court, S.D. New York · 1957
  3. Alloway v. HickokAppellate Division of the Supreme Court of the State of New York · 1925
  4. Syfert v. Lenett Realty Corp.New York Supreme Court · 1925
  5. Yeamans v. NicholsCity of New York Municipal Court · 1902

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