Crane v. Van Derveer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Crane, from a judgment and order of the County Court of Montgomery county in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 30th day of June, 1899, reversing a final order or judgment of a justice of the peace awarding to the petitioner Elizabeth Crane the possession of certain real estate in a proceeding for forcible entry and detainer.
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Appeal by the plaintiff, Elizabeth Crane, from a judgment and order of the County Court of Montgomery county in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 30th day of June, 1899, reversing a final order or judgment of a justice of the peace awarding to the petitioner Elizabeth Crane the possession of certain real estate in a proceeding for forcible entry and detainer. The reversal, as indicated by the opinion delivered, was upon the ground that the petition was fatally defective, in not describing the interest of the petitioner in the…
1Opinion of the Court
Merwin, J.:
By section 2235 of the Code.of Civil Procedure the appellant, at the commencement of the proceeding, was required to present to the judge or justice a written petition, which, among other things, should describe the interest of the petitioner in the premises of which the possession Was claimed. In the petition, as presented, it was alleged by the petitioner “ that she owns and was in the peaceable possession, and of right, at all times herein set forth, was and is entitled to the uninterrupted use, occupation and possession ” of the premises. There was no other description of her…
2Cases cited2 opinions
- Lowman v. SpragueNew York Supreme Court · 1893
- People v. CarterNew York Supreme Court · 1859
3Cited by5 opinions
- Rosgro Realty Co. v. BraynenAppellate Terms of the Supreme Court of New York · 1972
- Kaplan v. BernsteinAppellate Terms of the Supreme Court of New York · 1921
- Sember v. Loughrey, New York County Courts1948
- Crane v. Van DerveerAppellate Division of the Supreme Court of the State of New York · 1899
- Mauterstock v. Williams, New York County Courts1904