Robinson v. McManus
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the verdict of a jury in favor of the plaintiff. The facts are stated in the opinion of the court.
1Opinion of the CourtParker, J.
This action was brought to recover damages for an alleged wrongful entry upon the premises of the plaintiff (being a dwelling-house and lot in Cohoes, Albany county), and the forcible removal of the plaintiff and his family, his furniture and other property, therefrom, by the defendant.
The defendant justified the entry, and the removal of the plaintiff, his family and property, from the premises, upon two grounds:
1st. A warrant of a justice of the peace, issued under the statute “of summary proceedings to recover possession of land.” (2 R. S., 512-517.)
2d. That defendant was the absolute…
2Cases cited1 opinion
- Lomer v. . MeekerNew York Court of Appeals · 1862
3Cited by3 opinions
- Lewis v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Strong v. Walton, New York County Courts1899
- People ex rel. Hughes v. LambNew York Supreme Court · 1877