O'Donnell v. McIntyre
New York Supreme Court
Appeal by the defendant from a judgment, entered on a verdict rendered at tbe Monroe Circuit, and from an order denying a. motion for a new trial made upon the minutes of the justice before whom the action was tried. The action was brought to recover damages for an assault and battery. Both parties claimed possession of a house in the city of Rochester. The alleged assault arose from an effort, and force used, to eject the plaintiff from the house.
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Appeal by the defendant from a judgment, entered on a verdict rendered at tbe Monroe Circuit, and from an order denying a. motion for a new trial made upon the minutes of the justice before whom the action was tried. The action was brought to recover damages for an assault and battery. Both parties claimed possession of a house in the city of Rochester. The alleged assault arose from an effort, and force used, to eject the plaintiff from the house. The plaintiff recovered $1,000.
1Opinion of the Court
Bradley, J.:
There is evidence tending to prove, and it was assumed at the trial, that the plaintiff, having title to the house and lot, leased the premises to one Bates, who went into possession as her tenant and paid rent to her; that afterwards, in August, 1S80, they were sold for taxes assessed to one Mary Horrigan; that in August, 1882, a deed pursuant to such sale was made to the defendant in terms conveying the premises to him, and that his title'under such conveyance was perfected in February, 1883, as provided by Laws' of 1877 (chap. 104; Laws of 1880, chap. 127). On 2d Ajiril, 1883,…
2Cases cited14 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Root v. King & VerplanckNew York Supreme Court · 1827
- Bliss v. . JohnsonNew York Court of Appeals · 1878
- Nellis v. LathropNew York Supreme Court · 1839
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