People ex rel. Cooper v. Field
New York Supreme Court
CERTIORARI to the county judge of Madison county, to remove proceedings before him under the statute relative to forcible entry and detainer.
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CERTIORARI to the county judge of Madison county, to remove proceedings before him under the statute relative to forcible entry and detainer. The proceedings were commenced before the county judge, by a complaint under the statute entitled “ Of forcible entry and detainer,” wherein the complainant, Cooper, alleged that the defendant Field, at the village of Oneida in said county on the 9th day of June, 1863, at about two o’clock in the morning, did unlawfully make a forcible entry into the lands and premises of the complainant, to wit: [describing them;] on which stood a shop, a building of…
1Opinion of the Court
By the Court, Mullin, J.
Before proceeding to examine the principal question presented on this appeal, it is necessary to dispose of a preliminary one suggested by the respondent’s counsel, viz. whether the complaint is sufficient to give the officer before whom the proceedings were instituted jurisdiction. The objection made to the complaint is, that it did not allege that the relator had an estate in freehold for a term of years then subsisting, or some other right to the possession thereof.
The complaint alleges that the relator and his grantor have been in the quiet and peaceable possession…
2Cases cited6 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Willard v. WarrenNew York Supreme Court · 1837
- People v. LeonardNew York Supreme Court · 1814
- Carter v. NewboldNew York Supreme Court · 1852
- Rogers v. LindseySupreme Court of the United States · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
- Kelly v. SheehyNew York Marine Court · 1881
- Lowman v. SpragueNew York Supreme Court · 1893
- Waterbury v. DeckelmannAppellate Division of the Supreme Court of the State of New York · 1900
8 more not listed; retrieve them via the Exa API.