People ex rel. Cooper v. Fields
New York Supreme Court
Memoir for a new trial upon a case and exceptions by-defendant after verdict for the relator, finding the defendant guilty of forcible detainer, but not guilty of forcible entry. Motion by the relator for an order of restitution. Appeal from the order of the court at Special Term, denying a motion made by the defendant to quash the proceedings on account of the insufficiency of the complaint. All these motions were heard together.
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Memoir for a new trial upon a case and exceptions by-defendant after verdict for the relator, finding the defendant guilty of forcible detainer, but not guilty of forcible entry. Motion by the relator for an order of restitution. Appeal from the order of the court at Special Term, denying a motion made by the defendant to quash the proceedings on account of the insufficiency of the complaint. All these motions were heard together. The preliminary proceedings before the county judge, and the subsequent proceedings before the traverse was sent down to the circuit for trial, are set out at…
1Opinion of the Court
Present — Bacon, Foster, Mullin and Morgan, JJ.
By the Court
Morgan, J.
After the decision of this court, in this very case (52 Barb., 198), I think it is too late to question the sufficiency of the complaint before the county judge. Our attention is now called to the fact that the objection was taken before the county judge, which, it is supposed, was overlooked when we made that decision.
But having decided it adversely to the defendant, though erroneously, I am of opinion that it must be deemed the law of the case.
Doubtless, the complainant before the county judge should have stated in what…
2Cases cited12 opinions
- Prince v. CaseSupreme Court of Connecticut · 1835
- State v. CoellaWashington Supreme Court · 1891
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Harrington v. PeopleNew York Supreme Court · 1849
- Livingston v. . TannerNew York Court of Appeals · 1856
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3Cited by11 opinions
- Rogers v. DuhartCalifornia Supreme Court · 1893
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Kelly v. SheehyNew York Marine Court · 1881
- Gregg v. BoydNew York Supreme Court · 1893
- Alexander v. GriswoldNew York Court of Common Pleas · 1892
6 more not listed; retrieve them via the Exa API.