Carter v. Anderson
New York Court of Common Pleas
Appeal from seventh district court. Summary proceeding brought by Ellen Carter to remove Mary Anderson and William Anderson from a liquor store, known as Ho. 1430 Third avenue, in the city of Hew York. From a final order awarding plaintiff the possession of the premises, defendants appeal. Code Civil Proc.
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Appeal from seventh district court. Summary proceeding brought by Ellen Carter to remove Mary Anderson and William Anderson from a liquor store, known as Ho. 1430 Third avenue, in the city of Hew York. From a final order awarding plaintiff the possession of the premises, defendants appeal. Code Civil Proc. H. Y. § 2233, provides that “an entry shall not be made into real property but in a case where entry is given by law, and, in such a case, only in a peaceable manner, not with strong hand, nor with multitude of people. A person who makes a forcible entry forbidden by this section, or who,…
1Opinion of the CourtBookstaver, J.
The action was brought by the respondent for the forcible entry and detainer of the store in question by the appellants. A forcible entry and detainer is a violent taking and keeping possession by one of any lands and tenements occupied by another, by means of threats, force, or arms, and without authority of law. It is essentially an action to protect the actual possession of real estate against unlawful and forcible invasion; to remove occasion for acts of violence in defending such possession; and to punish breaches of the peace committed in the entry upon or the detainer of real property.…
2Cases cited7 opinions
- Johnson v. WestSupreme Court of Arkansas · 1883
- People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
- Beeler v. CardwellSupreme Court of Missouri · 1859
- Hoffman v. HarringtonMichigan Supreme Court · 1870
- Carter v. NewboldNew York Supreme Court · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alexander v. GriswoldNew York Court of Common Pleas · 1892
- Yeamans v. NicholsCity of New York Municipal Court · 1902
- Reich v. Home Mutual InsuranceCivil Court of the City of New York · 1972