Fleming v. Ryan
New York Court of Common Pleas
Appeal from First district court. Summary proceedings by Charles E. Fleming and another against Martin F. Eyan and Johanna Eyan. Possession of the premises was awarded defendants, as tenants of plaintiff, at the first trial, but that júdgment was reversed on appeal by plaintiffs. 30 1ST. Y. Supp. 224. Judgment in the second trial was also for defendants, and plaintiffs again appeal.
1Opinion of the CourtBisohoff, J.
Upon the former appeal in this proceeding (Fleming v. Ryan, 9 Misc. Rep. 496, 30 N. Y. Supp. 224) we held that the evidence taken upon the trial failed to support the various theories whereby the defendant Johanna Eyan sought to justify the final' order awarding her the possession of the premises, and it is now claimed that the testimony given upon the second trial supports the similar order thereupon made, and from which the landlords have taken this appeal. The record of the first trial was by stipulation made evidence in the second, and upon this evidence the plaintiffs rested their case…
2Cases cited1 opinion
- Fleming v. RyanNew York Court of Common Pleas · 1894
3Cited by5 opinions
- Franke v. HewittAppellate Division of the Supreme Court of the State of New York · 1900
- Murdock v. FishelNew York Supreme Court · 1910
- Columbia Bank v. ClarkeAppellate Terms of the Supreme Court of New York · 1908
- Murdock v. FishelAppellate Terms of the Supreme Court of New York · 1910
- Parsons v. FrankAppellate Terms of the Supreme Court of New York · 1902