Legal Opinion

People v. Carter

New York Supreme Court

Decided May 9, 1859PublishedCited by 7 opinions

THIS is a proceeding under title 10, chapter 8, part 3, article 1 of the revised statutes, entitled “ Summary proceedings to recover the possession of lands in certain cases.” Commenced originally before the county judge of Kings county, it was, upon the finding of an inquisition against the defendant, removed into this court by a writ of certiorari.

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THIS is a proceeding under title 10, chapter 8, part 3, article 1 of the revised statutes, entitled “ Summary proceedings to recover the possession of lands in certain cases.” Commenced originally before the county judge of Kings county, it was, upon the finding of an inquisition against the defendant, removed into this court by a writ of certiorari. The defendant traversed the inquisition, and the issue thus joined was brought on for trial on the 8th of November, 1858. A verdict of guilty, against the defendant, was entered by the direction of the court, who directed a case to be made, and…

1Opinion of the Court

By the Court, Brown, J.

The evidence in this action showed that the relator, on the 21st day of October, 1856, was in the peaceable possession of a house and lot of ground at the foot of Middah street, fronting on .Freeman street, in the city of Brooklyn, which was held under a lease from the defendant to the relator and her husband William Kearney, deceased, dated May 2,1853, for the term of three years and four months from the 1st day of May, 1853. On the 21st of October, 1856, she was forcibly dispossessed and turned out of the premises by the defendant and those acting under his orders, by…

2Cases cited1 opinion

  1. People ex rel. Gault v. Van NostrandNew York Supreme Court · 1832

3Cited by7 opinions

  1. McCahon v. Comm'rs of Leavenworth Co.Supreme Court of Kansas · 1871
  2. People ex rel. Brown v. BlakeNew York Supreme Court · 1867
  3. Crane v. Van DerveerAppellate Division of the Supreme Court of the State of New York · 1899
  4. Village of Canaseraga v. Green, New York County Courts1903
  5. Carter v. AndersonNew York Court of Common Pleas · 1890

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