Ashley v. Marshall
New York Court of Appeals
Appeal from a judgment of the Supreme Court affirming a judgment entered on the report of a referee. The action was commenced by service of a summons on the, defendant, Marshall, 26th May, 1856f The defendant, Steckel, was not served and did not appear. The pleadings were amended during the trial.
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Appeal from a judgment of the Supreme Court affirming a judgment entered on the report of a referee. The action was commenced by service of a summons on the, defendant, Marshall, 26th May, 1856f The defendant, Steckel, was not served and did not appear. The pleadings were amended during the trial. The following is an abstract thereof as so amended: The complaint alleges that the plaintiff was and is the owner of certain articles of furniture, specifically described, of the value of $1,200. That they composed the furniture of a hotel called the Jefferson County House. That plaintiff was and is…
1Opinion of the CourtHogeboom, J.
The plaintiff relies principally upon three grounds to reverse the judgment of the 'court below: 1. That the answer lays no foundation for the judgment; 2. That the conclusion of law does not follow, and is not supported by the facts; 3. That Marshall’s testimony was improperly admitted.
1. The form of action, though somewhat anomalous, appears'to be in effect a special action on the case to recover damages for a forcible and unlawful-entry by the defendant upon the plaintiff’s premises resulting in serious injury to the plaintiff’s lease, business and furniture, and also to obtain an…
2Cases cited1 opinion
- Murray v. SmithThe Superior Court of New York City · 1853
3Cited by1 opinion
- People ex rel. Egan v. Columbia ClubNew York Supreme Court · 1891