Rich v. Rich
New York Supreme Court
Error from the Oswego common pleas. The plaintiff sued the defendant in a justice’s court in trespass quare clausum fregit, charging him with'breaking and entering a certain close, situate in the town of Albion, “ and abutted and bounded as follows, to wit: Beginning at the centre of the bridge over the Salmon river, near the mill lately owned by Moses Rich, deceased, and running from thence south 25 degrees, west 5 chains and sixty-three links along the centre of the…
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Error from the Oswego common pleas. The plaintiff sued the defendant in a justice’s court in trespass quare clausum fregit, charging him with'breaking and entering a certain close, situate in the town of Albion, “ and abutted and bounded as follows, to wit: Beginning at the centre of the bridge over the Salmon river, near the mill lately owned by Moses Rich, deceased, and running from thence south 25 degrees, west 5 chains and sixty-three links along the centre of the highway, thence north 52 degrees, west 3 chains along the centre of the cross highway, thence north,’’ &c., particularly…
1Opinion of the Court
By the Court, Cowen, J.
Several exceptions mentioned in the bill are not now insisted upon. That which respected the proof of the commissioners’ survey by Gillespie was founded on the specific objection that such testimony was secondary in degree, and so not receivable till the town record should be produced, or its absence accounted for. *666Admitting that the objection was well founded at the time, the p]aintiffj from whom it came, afterwards produced that record himself, and thus took away the only ground on which the objection rested. Jackson ex dem. Hills v. Tuttle, 7 Gown, 364, is in point;…
2Cases cited6 opinions
- Crosby v. ParkerMassachusetts Supreme Judicial Court · 1808
- Henthorn v. DoeIndiana Supreme Court · 1822
- Beebe v. BullNew York Supreme Court · 1834
- Demyer v. SouzerNew York Supreme Court · 1831
- Strong v. SmithNew York Supreme Court · 1804
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Crawford v. WilsonNew York Supreme Court · 1848
- Fletcher v. PhelpsSupreme Court of Vermont · 1856
- Coit v. WaplesSupreme Court of Minnesota · 1854
11 more not listed; retrieve them via the Exa API.