Welch v. Winterburn
New York Supreme Court
Appeal from an order denying a motion to vacate an order of arrest. This was an action of trespass brought to recover damages for a forcible ejectment and detainer, under section 4 of 2 Revised Statutes, page 338, which provides as follows, viz.: “ § 4. If any person be disseized, ejected, or put out of any lands or tenements in a forcible manner, or being put out, be afterward holden and kept out by force, or with strong hand, he shall be entitled to maintain an action of…
Read the full summary
Appeal from an order denying a motion to vacate an order of arrest. This was an action of trespass brought to recover damages for a forcible ejectment and detainer, under section 4 of 2 Revised Statutes, page 338, which provides as follows, viz.: “ § 4. If any person be disseized, ejected, or put out of any lands or tenements in a forcible manner, or being put out, be afterward holden and kept out by force, or with strong hand, he shall be entitled to maintain an action of trespass, and shall recover therein treble the damages assessed by the jury or by a justice of the peace, in cases…
1Opinion of the Court
Ingalls, P. J.:
The decision of this appeal depends, in our judgment, upon the construction which is to be given to subdivision 2 of section 549 of the Code of Civil Procedure, which provides, so far as it affects this appeal, as follows: “ 2. To recover damages for an injury to property, including the wrongful taking, detention, or conversion of personal property.” It is contended by the appellant that this provision relates only to personal property, and in support of such position relies upon a construction which was given by the Court of Appeals to section 179 of the Code of Procedure,…
2Cases cited2 opinions
- Merritt v. CarpenterNew York Court of Appeals · 1866
- Nelson v. BlanchfieldNew York Supreme Court · 1869