Hausauer v. Dahlman
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, Sarah Dahlman and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 29th day of July, 1896, upon the decision of the court rendered after a trial at the Erie Special Term, separately stating the facts found and the conclusions of law, and adjudging that the defendants were- not entitled.to damages against the plaintiffs for retaining possession of leased…
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■ Appeal by the defendants, Sarah Dahlman and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 29th day of July, 1896, upon the decision of the court rendered after a trial at the Erie Special Term, separately stating the facts found and the conclusions of law, and adjudging that the defendants were- not entitled.to damages against the plaintiffs for retaining possession of leased premises from May 1, 1892, to May 1, 1895.
1Opinion of the Court
Follett, J.:
This action was. begun April 27, 1893, to restrain the defenaants from prosecuting summary proceedings against the plaintiffs to remove them from the possession of certain premises, the plaintiffs alleging that they were lessees and entitled to the possession of ' the premises until May 1, 1895.
The defendants alleged, by way of defense and counterclaim, that the plaintiffs’ term as. lessees expired May 1, 1892, and that since that date they had wrongfully withheld possession of the leased premises to the defendants’ damage in the. sum of $1,000 for each year..
The defendants also…
2Cases cited2 opinions
- Long v. . StaffordNew York Court of Appeals · 1886
- Hausauer v. DahlmanNew York Supreme Court · 1893
3Cited by8 opinions
- State Ex Rel. Frazier & Oxley, L.C. v. CummingsWest Virginia Supreme Court · 2002
- Sharp v. WilliamsSupreme Court of Florida · 1939
- Brummitt Tire Co. v. Sinclair Refining Co.Court of Appeals of Tennessee · 1934
- Morgan Plan Co. v. VellianitisSupreme Court of Alabama · 1959
- Hotel Allen Co. v. Estate of AllenSupreme Court of Minnesota · 1912
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