Doyle v. . Lord
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendants, entered upon an order dismissing plaintiffs’ complaint on trial. ' (Reported below, 7 J. & S., 421.) This action was brought to restrain defendants from building upon a yard in the rear of plaintiffs’ store, in the city of New York. The facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendants, entered upon an order dismissing plaintiffs’ complaint on trial. ' (Reported below, 7 J. & S., 421.) This action was brought to restrain defendants from building upon a yard in the rear of plaintiffs’ store, in the city of New York. The facts are set forth sufficiently in the opinion. Plaintiffs were entitled to use the yard in common with the other tenants. (Whitney v. Olney, 3 Mason, 280, 284; Sheets v. Selden’s Lessee, 2 Wall., 177, 187; Shep. Touch., 189;…
1Opinion of the CourtEarl, J.
On the 26th day of July, 1870, Ann Gillett owned a building, Ho. 85, on Eorsyth street, in the city of Hew York, five stories high, twenty-five feet wide on the street, and fifty-one feet deep, upon a lot twenty-five feet wide and seventy feet deep. The lower story was then occupied as a store, and the upper stories, by families. The space of nineteen feet in the rear of the building was a vacant yard, with the exception of privies thereon, having no communication with any street, and then, apparently, useful for no purpose except as appurtenant to the building. There was a hall-way on the…
2Cases cited5 opinions
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Myers v. GemmelNew York Supreme Court · 1851
- Voorhees v. . BurchardNew York Court of Appeals · 1873
3Cited by69 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Scott v. MooreSupreme Court of Virginia · 1900
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Brande v. GraceMassachusetts Supreme Judicial Court · 1891
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