People ex rel. Parsons v. Rensselaer Common Pleas
New York Supreme Court
Motion for a mandamus. David Percy sued Seth Parsons and three others in a justice’s court in the county of i . i • •, • Kensselaer, and declared against them in a single count m trespass quare clausum fregit; the premises stated as situate in the town of Hosick, in the county of Rensselaer.
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Motion for a mandamus. David Percy sued Seth Parsons and three others in a justice’s court in the county of i . i • •, • Kensselaer, and declared against them in a single count m trespass quare clausum fregit; the premises stated as situate in the town of Hosick, in the county of Rensselaer. The defend- , J ,, ants pleaded liberum tenementum, setting out the close which they claimed as their soil and freehold, by metes and bounds, The plaintiff, being thus stopped from further proceeding before the justice, declared in the Rensselaer common pleas in trespass quare clausumfregit. The…
1Opinion of the Court
The Court directed a peremptory mandamus to issue, commanding the common pleas to vacate the rule granted in October, 1828, setting aside the rule for costs for the defendants, and allowing double costs to the plaintiff; the motion being heard on the coming in of the return of an alternative mandamus heretofore granted. The decision was made at the heel of the term, and the reasons for the judgment of the court were not stated at large. The principle, however, settled by the court is, that under a state of pleadings, such as existed in this case, a plaintiff in the common pleas is not…
2Cited by3 opinions
- Tuthill v. ClarkNew York Supreme Court · 1834
- Tuthill v. ClarkNew York Supreme Court · 1834
- Tuthill v. ClarkNew York Supreme Court · 1834