Alexander v. . Hard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict for plaintiff and granting a new trial. This was an action of trespass. The complaint alleged that defendants with force and arms broke and entered plaintiff’s dwelling-house, disturbing him and his family, breaking the hinges and locks of the doors and assaulting plaintiff’s wife and children and otherwise injuring him.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict for plaintiff and granting a new trial. This was an action of trespass. The complaint alleged that defendants with force and arms broke and entered plaintiff’s dwelling-house, disturbing him and his family, breaking the hinges and locks of the doors and assaulting plaintiff’s wife and children and otherwise injuring him. The evidence tended to show that at the time of the occurrence in question he was sick and confined to his bed; that defendants came to the house for the…
1Opinion of the CourtRapallo, J.
The facts that the plaintiff’s wife owned the fee of the land upon which the house stood, and that she resided there with him, are not, necessarily, inconsistent with the plaintiff having such a possession of the house as would entitle him to maintain an action against a trespasser for forcibly entering it. The wife had the right to confer upon her husband the possession and control of the property ; and if she did so, he was entitled to defend such possession and to maintain an action of trespass against a stranger who should unlawfully and forcibly disturb him in the enjoyment of it. In one…
2Cited by7 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Martin v. . RectorNew York Court of Appeals · 1886
- Driggs v. SchuylerNew York Supreme Court · 1888
- Martin v. RectorNew York Supreme Court · 1883
- Mygatt v. . CoeNew York Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.