Chism v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action of ejectment. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action of ejectment. The facts, so far as material, are stated in the opinion. Under the allegations of the complaint ejectment will lie to recover the uplands and the boat house and dock as appurtenant thereto, even if the boat house and dock are wholly below low-water mark. (Brookhaven v. Smith, 188 N. Y. 74; Rowan v. Kelsey, 18…
1Opinion of the Court
Willard Bartlett, Ch. J.
This appeal brings up for review the second trial of this case. Upon the first trial the plaintiffs prevailed in part but were not granted all the relief they sought. Thereupon, both parties appealed to the Appellate Division, where the judgment was reversed and a new trial was granted because that court was of the opinion that the complaint should have been dismissed on the ground that ejectment was not the proper remedy. (Chism v. Smith, 138 App. Div. 715.) Thereafter the plaintiffs were permitted to amend the complaint, and at the opening of the second trial the…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Abbott v. . EastonNew York Court of Appeals · 1909
- Chism v. SmithAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Fast v. WhitneyWyoming Supreme Court · 1920
- Granger v. City of CanandaiguaNew York Court of Appeals · 1931
- Chism v. SmithAppellate Division of the Supreme Court of the State of New York · 1916
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