Carpenter v. Stilwell & Ambrose
New York Supreme Court
This was an appeal from the judgment of the city court of Brooklyn, rendered in favor of the respondent, plaintiff in the court below, against the appellants, defendants in that court. The-action was brought by the plaintiff, Jacob Carpenter, against Sylvanus . B. Stilwell, the landlord, and Isabella Ambrose, the tenant, of a house and lot in the city of Brooklyn, to recover the possession thereof.
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This was an appeal from the judgment of the city court of Brooklyn, rendered in favor of the respondent, plaintiff in the court below, against the appellants, defendants in that court. The-action was brought by the plaintiff, Jacob Carpenter, against Sylvanus . B. Stilwell, the landlord, and Isabella Ambrose, the tenant, of a house and lot in the city of Brooklyn, to recover the possession thereof. On the trial, at the September term, 1850, before the city judge and a jury, the plaintiff produced a deed to him, dated March 1st, 1844, from the New-York Equitable Insurance Company; and it was…
1Opinion of the Court
By the Court,
Babctjlo, J.
The justice of the case is plainly with the defendants ; and this should always prevail, unless a positive rule of law intervenes.
In this case we are unable to discover any imperative legal principle which interferes with the due course of natural justice. The authorities cited on the part of the plaintiff are easily distinguishable from the present case, both in letter and spirit. They arc, for the most part, cases in which a direct application was made to the court where the original judgment was, for relief from the improper or oppressive conduct of the sheriff.…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Sherman v. BoyceNew York Supreme Court · 1818
- Reed v. Pruyn & StaatsNew York Supreme Court · 1811
3Cited by9 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Shipman v. BaileyWest Virginia Supreme Court · 1882
- Horn v. ColeSupreme Court of New Hampshire · 1868
- Titus v. MorseSupreme Judicial Court of Maine · 1885
- New England Car-Spring Co. v. Union India Rubber Co.U.S. Circuit Court for the District of Southern New York · 1857
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