Legal Opinion

Kelly v. Sheehy

New York Marine Court

Decided March 15, 1881PublishedCited by 9 opinions

Proceedings for forcible entry and detainer were instituted under the new Code to recover the possession of two valuable lots of land on Fifth avenue,' near Ninetieth 'street, in the city of New York, with the buildings thereon erected.

1Opinion of the CourtMcAdam, J.

This is a proceeding commenced under title 2 of chapter 17 of the Code of Civil Procedure, section 2233 of which provides that no entry shall be made into real property but in a case where entry is given by law, and in such a case only in a peaceable manner—not with strong hand, nor with multitude of people — and declares that a person who makes a forcible entry, forbidden by said Section, or who, having peaceably entered upon real property, holds the possession thereof by force, may be removed therefrom as prescribed in said title.

Section 2234 enumerates, among the officers who are charged…

2Cases cited8 opinions

  1. People ex rel. Kline v. RickertNew York Supreme Court · 1828
  2. People v. LeonardNew York Supreme Court · 1814
  3. People ex rel. Cooper v. FieldNew York Supreme Court · 1865
  4. People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
  5. Carter v. NewboldNew York Supreme Court · 1852

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Town of Oyster Bay v. JacobAppellate Division of the Supreme Court of the State of New York · 1905
  2. Lowman v. SpragueNew York Supreme Court · 1893
  3. Jenkins v. JeffreyWyoming Supreme Court · 1892
  4. Alexander v. GriswoldNew York Court of Common Pleas · 1892
  5. Carter v. AndersonNew York Court of Common Pleas · 1890

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API