Willis v. . McKinnon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 5, 1903, affirming a judgment in favor of plaintiff entered upon a decision of. the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in the amount allowed plaintiff for rents and profits during the occupancy of the defendants. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 5, 1903, affirming a judgment in favor of plaintiff entered upon a decision of. the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in the amount allowed plaintiff for rents and profits during the occupancy of the defendants. (Code Civ. Pro. § 1531 ; Jackson v. Wood, 24 Wend. 443 ; Budd v. Walker, 9 Barb. 493 ; Grout v. Cooper, 9 Hun, 326 ; Wallace v. Berdell, 101…
1Opinion of the Court
We are of the opinion that this appeal cannot be sustained. The action was to recover the possession of real property and damages for wrongfully withholding the same. While numerous questions are presented and were discussed upon the argument and in the briefs of counsel, we are satisfied they were properly disposed of by the court below, and that but a single question need be considered by this court, which relates to the damages the plaintiff was allowed for the wrongful withholding of the property. Upon that question there was a division of opinion in the court below. The majority held…
2Cases cited3 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Holmes v. . DavisNew York Court of Appeals · 1859
3Cited by10 opinions
- In Re WalkerCourt of Appeals for the Second Circuit · 1937
- Krejci v. CapriottiAppellate Court of Illinois · 1973
- Crawford v. Town of HamburgAppellate Division of the Supreme Court of the State of New York · 1963
- Fagan v. McDonnellAppellate Division of the Supreme Court of the State of New York · 1906
- City of New York v. FinkNew York Supreme Court · 1927
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