Lowman v. Sprague
New York Supreme Court
Appeal from Chemung county court. Forcible entry and detainer by Seymour Lowman, as guardian of Frank L. Clearwater, against Frances M. Sprague and Charles Sprague. The action was originally brought in justice’s court, where the proceeding was dismissed, and plaintiff appealed to the county court. From a judgment of the county court reversing the justice’s judgment, defendants appeal.
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Appeal from Chemung county court. Forcible entry and detainer by Seymour Lowman, as guardian of Frank L. Clearwater, against Frances M. Sprague and Charles Sprague. The action was originally brought in justice’s court, where the proceeding was dismissed, and plaintiff appealed to the county court. From a judgment of the county court reversing the justice’s judgment, defendants appeal. Plaintiff’s petition alleges possession of the premises described therein, and that “while your petitioner was so in such lawful, actual, peaceable occupation, and on or about the 28th day of July, 1892, as…
1Dissent
HARDIN, P. J.,
(dissenting.) After the elimination from the case, by concession, of the allegation relating to forcible entry, there remained only to be considered the question whether the defendants were brought within the provision of section 2245 of the Code of Civil Procedure, as to “forcible holding out.” That section seems to require that, where the proceeding is founded upon “forcible holding out,” the petitioner should be “in constructive possession at the time of the holding out.” No such averment is found in the petition, nor does the proof given before the justice require a finding…
2Cases cited3 opinions
- Bliss v. . JohnsonNew York Court of Appeals · 1878
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Alexander v. GriswoldNew York Court of Common Pleas · 1892