People ex rel. Cooper v. Newcomb Field
New York Supreme Court
THIS was a proceeding by the relator under the statute entitled, “ Of forcible entry and detainer,!’ instituted before the county judge of Madison county, to obtain possession of a lot in the village of Oneida, in said county.
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THIS was a proceeding by the relator under the statute entitled, “ Of forcible entry and detainer,!’ instituted before the county judge of Madison county, to obtain possession of a lot in the village of Oneida, in said county. The complaint alleged “that Hewcomb Field, of Durhamville, at the village of Oneida, in said town of Lenox, in the county of Madison, 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 this complainant, to wit: Bounded on the north by Phelps street, east by the Oneida feeder, on the…
1Opinion of the Court
By the Court, Potter, J.
The law of this case, as pronounced at the general and special terms, under somewhat varying states of fact, has greatly complicated our review. Desiring to observe all proper regard for the adjudications of the court, whose decisions we so highly respect, and which, so far as they are applicable, we must hold to be the law of this case, we are met with some apparent conflicts of theory between the rulings at the circuit, and the law as I understand it to have been announced in the reported decisions of the same case. (52 Barb. 198. 1 Lansing, 222.)
The third section of…
2Cases cited3 opinions
- People ex rel. Cooper v. FieldNew York Supreme Court · 1865
- People Ex Rel. Fulton v. FultonNew York Court of Appeals · 1854
- Porter v. People ex rel. CassNew York Supreme Court · 1852
3Cited by2 opinions
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- People v. KerrainsNew York Supreme Court · 1873