Legal Opinion

Murphy v. Loomis

New York Supreme Court

Decided April 15, 1882Published

Appeal from a judgment, (|ntered on a nonsuit directed at the circuit, and from an order denying a motion for a new trial, made upon tlie minutes of the justice before whom the action was tried. The action was brought to recover the possession of land.

1Opinion of the Court

Hardin, J.:

Plaintiff, in his complaint, alleges “ that on or about the 16th day August, 1878, the plaintiff was the lawful owner and in the possession of the premises ” described; * * “ that being so possessed thereof, the defendant afterward, and on or about the 16th day of August, 1878, entered into said premises and has since continuously, unlawfully withheld possession thereof from the plaintiff to his damage, in the sum of fifty dollars,” and then judgment is demanded that the defendant surrender to the plaintiff possession of said premises and pay damages for the unlawful withholding of…

2Cases cited3 opinions

  1. Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
  2. Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
  3. Chapman v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1870

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