Manfredi v. Wiederman
New York Court of Common Pleas
Appeal from Eighth district court. Action by Frank Manfredi against Morris Wiederman and others for trespass. There was a judgment for plaintiff, and defendants appeal. Reversed.
1Opinion of the CourtBischoff, J.
To an action for damages, arising out of a trespass by the defendants upon certain premises of which plaintiff was the occupant, an answer of title was interposed and an undertaking given, as required by sections 2951 and 2952 of the Code of Civil Procedure. No objection to the sureties was made, and the justice retained the undertaking, but refused to discontinue the action, which refusal forms the appellants’ chief grievance upon this appeal.
If the answer was in proper form, the justice’s retention of the undertaking sufficed to oust him of jurisdiction (Harding v. Ellston, [Co. Ct.] 13 N.…
2Cases cited3 opinions
- Dunster v. . KellyNew York Court of Appeals · 1888
- Heintz v. DellingerNew York Supreme Court · 1864
- Harding v. Ellston, New York County Courts1890