Finnegan v. . Carraher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff entered upon verdict. The action was brought to recover possession of a house and lot in the village of Port Henry, Essex county. At the time of the commencement of the action the premises in question were occupied by Michael Mulhern, as tenant of defendant. Mr. Smith, one of plaintiff’s attorneys, served the summons and complaint.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff entered upon verdict. The action was brought to recover possession of a house and lot in the village of Port Henry, Essex county. At the time of the commencement of the action the premises in question were occupied by Michael Mulhern, as tenant of defendant. Mr. Smith, one of plaintiff’s attorneys, served the summons and complaint. Defendant told him at the time, in substance, that he lived in and owned the house, and thereupon the papers were served upon…
1Opinion of the CourtAllen, J.
This was an action for the recovery of the possession of premises, the title to which was claimed by the defendant. The premises were, at the time of the commencement of the action, in possession of the tenant of defendant, occupying under a lease for one year, with a privilege of occupying for three years, nearly one-half of the three years then having expired. The premises being occupied, the tenant of the defendant, the actual occupant, should have been made a defendant. (2 R. S., 304, § 3.) The action, although in form for the recovery of possession, is, in fact, for the deter mination of…
2Cases cited2 opinions
- Brown v. . BowenNew York Court of Appeals · 1864
- Abeel v. . Van GelderNew York Court of Appeals · 1867
3Cited by16 opinions
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Muller v. . PondirNew York Court of Appeals · 1873
- Houser v. AustinIdaho Supreme Court · 1886
- Clason v. . BaldwinNew York Court of Appeals · 1891
- Warder v. BakerWisconsin Supreme Court · 1882
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