Hailey v. . Ano
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 30,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment is appealable to this court. (Code Civ.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 30,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment is appealable to this court. (Code Civ. Pro. § 191.) The court erred in denying defendant’s motion for a nonsuit. (Hong Kong v. Cooper, 114 N. Y. 388; In re N. Y., L. & W. R. R. Co., 98 id. 453.) The court…
1Opinion of the Court
Andrews, Ch. J.
This is an action of trespass. The complaint alleged an unlawful entry by the defendant upon lands of the plaintiff on lot 20, Franklin county, in 1889, and the cutting and carrying away hay therefrom, and demanded damages in the smn of two hundred dollars. The answer contained a general denial of the complaint, and alleged that the defendant was the owner of the land upon which the alleged trespass was committed, and had a right to cut and carry away the grass. The action was originally commenced in Justices’ Court, and on plea of title being interposed, the action there was…
2Cases cited4 opinions
- Dawley v. . BrownNew York Court of Appeals · 1880
- Hopkins v. M'LarenCourt for the Trial of Impeachments and Correction of Errors · 1825
- Sheridan v. . AndrewsNew York Court of Appeals · 1872
- Dunckle v. WilesNew York Supreme Court · 1848
3Cited by14 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Israelson v. BradleyNew York Court of Appeals · 1955
- Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
- Mechanics Exchange Savings Bank v. ChesterfieldAppellate Division of the Supreme Court of the State of New York · 1970
- Deerfield Building Corp. v. Yorkstate Industries, Inc.New York Supreme Court · 1974
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