Legal Opinion

Long Island Rail Road v. Conklin

New York Supreme Court

Decided September 10, 1860PublishedCited by 5 opinions

APPEAL from an order made at a special term, denying a motion for a new trial. The action was for the recovery of real estate.

1Opinion of the Court

By the Court,

Brown, J.

The plaintiff’s complaint in this action was dismissed at the trial at the Suffolk circuit, in October, 1859, upon the ground that it showed no title or right of possession to the lands and premises which it claimed to recover. The plaintiff was not entitled to a verdict unless it had a valid subsisting interest in the premises claimed and a legal right to the possession thereof, at the time of the commencement of the action. /It appeared that one Edward Dodd, on the 28th of December, 1841, was the owner in fee of the premises described in the complaint, together with…

2Cases cited3 opinions

  1. Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
  2. Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
  3. Jackson v. DelacroixNew York Supreme Court · 1829

3Cited by5 opinions

  1. Lintner v. Office Supply Co.Wisconsin Supreme Court · 1928
  2. Kilmer v. WilsonNew York Supreme Court · 1867
  3. Decker v. CarrAppellate Division of the Supreme Court of the State of New York · 1896
  4. Tucker v. MeeksThe Superior Court of New York City · 1870
  5. Decker v. CarrAppellate Division of the Supreme Court of the State of New York · 1896

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