Marquart v. La Farge
The Superior Court of New York City
Appeal, by defendants, from a judgment in favor of plaintiff for $979.43 damages and costs. The action was brought to recover damages for the unlawful and forcible entry, by the defendant, into a refreshment saloon in the Metropolitan Theatre, then possessed and occupied by the plaintiff, and, also, for taking and converting to his own use, a num"ber of articles of personal property, enumerated in the complaint, then owned and possessed by the plaintiff, The damages were…
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Appeal, by defendants, from a judgment in favor of plaintiff for $979.43 damages and costs. The action was brought to recover damages for the unlawful and forcible entry, by the defendant, into a refreshment saloon in the Metropolitan Theatre, then possessed and occupied by the plaintiff, and, also, for taking and converting to his own use, a num"ber of articles of personal property, enumerated in the complaint, then owned and possessed by the plaintiff, The damages were laid at $5,000. The answer averred that the defendant was the owner of the saloon, and justified his entry as such, and…
1Opinion of the CourtBy the Court. Woodruff, J.
This is an appeal from a judgment, and yet-the points submitted by counsel for the appellant on the argument, relate chiefly to the evidence, and the facts which he conceives were established thereby, and tend to show that the verdict is against the weight of the evidence.
*564That question does not properly arise upon an appeal from a judgment on the verdict. By section 348 of the Code, an appeal upon the law only lies from a judgment entered at Special Term, unless the trial be had before the court or referees. When the trial is by a jury, their finding can only be reviewed by a motion for a new…
2Cited by8 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Wolff v. HyassThe Superior Court of the City of New York and Buffalo · 1895
- Roberts v. MathewsNew York Court of Common Pleas · 1864
- Menard v. StevensThe Superior Court of New York City · 1879
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