Arrex v. Brodhead
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon, the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. This action was brought to recover damages for a wrongful eviction of the plaintiff from premises, of which she was in. possession, and of which she claimed to be a part owner.
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Appeal from a judgment in favor of the plaintiff, entered upon, the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. This action was brought to recover damages for a wrongful eviction of the plaintiff from premises, of which she was in. possession, and of which she claimed to be a part owner. On the 4th day of March, 1876, the defendant Yandemark purchased certain premises lying in the town of Rosendale, Ulster county, at a foreclosure sale, and on the 14th of March, 1876, he received the referee’s…
1Opinion of the Court
Bocees, J.:
The defendant, Brodhead, in removing the plaintiff from the premises, was acting as a public officer under process, which he was by law authorized to execute; and the defendant, Vandemark, acted under him in his aid. There is here no question of excess of force in the execution of the process, as the court held, that, irrespective of that question, the process afforded the defendants no protection whatever for their acts in making the removal. In this ruling we are of the opinion that the court was in error. The process was fair on its face. The court awarding it had, in this case,…
2Cases cited6 opinions
- Landt v. HiltsNew York Supreme Court · 1855
- Hudler v. . GoldenNew York Court of Appeals · 1867
- Elder v. MorrisonNew York Supreme Court · 1833
- O'Reilly v. GoodNew York Supreme Court · 1864
- Shaw v. DavisNew York Supreme Court · 1870
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