Bowen v. Holdredge
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abiel Bowen, from parts of a judgment of the Supreme Court in part in favor of the defendant, entered in the office of the clerk of the county of Orleans on the 10th day of August, 1908, upon the report of a referee; also from parts of the amended judgment entered in said clerk’s office on the 13th day of October, 1908, and also from an order entered in said clerk’s office on the same day, vacating the certificate of the referee that the title to…
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Appeal by the plaintiff, Abiel Bowen, from parts of a judgment of the Supreme Court in part in favor of the defendant, entered in the office of the clerk of the county of Orleans on the 10th day of August, 1908, upon the report of a referee; also from parts of the amended judgment entered in said clerk’s office on the 13th day of October, 1908, and also from an order entered in said clerk’s office on the same day, vacating the certificate of the referee that the title to real property came in question on the trial, and directing the clerk to retax costs and amending the judgment as to such…
1Opinion of the Court
Williams, J.:
The original judgment should be affirmed, and the order vacating the certificate by the referee and amending the judgment and directing new taxation of costs and the amended judgment should be reversed, without costs to either party against the other.
The action was brought to recover damages for trespass upon real property and cutting down and removing posts for a fence the plaintiff proposed to erect. The defendant admitted the cutting and removal of the posts, but denied the entry on the land was a trespass, and denied plaintiff was the owner of the land. He claimed he had a…
2Cited by1 opinion
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