Legal Opinion

Judd v. Chilson

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

Decided March 7, 1917PublishedCited by 3 opinions

Appeal by the plaintiff, Leman M. Judd, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 15th day of November, 1915, dismissing the complaint upon the merits after a trial at the Broome Trial and Special Term before the court without a jury.

1Opinion of the Court

Woodward, J.:

The complaint alleges ownership of a parcel of land in the plaintiff, and that the defendants during the month of January, 1915, without the consent of the plaintiff, wrongfully and unlawfully cut, damaged, injured and removed from the said premises a large quantity of timber; that said timber was not merchantable, and that the continuance of such cutting would work irreparable damage. The demand is for triple damages *122under the provisions of section 1668 of the Code of Civil Procedure.

The defendant Chilson denies, on information and belief, the allegation of ownership of the…

2Cases cited2 opinions

  1. Greenleaf v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1894
  2. Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Turner v. BraggSupreme Court of Vermont · 1943
  2. Duggan v. HylandAppellate Division of the Supreme Court of the State of New York · 1975
  3. Schwartzberg v. Shek Cheung LuiAppellate Division of the Supreme Court of the State of New York · 2001

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