Fults v. . Munro
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1909, affirming a judgment in favoi of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The material allegations of the complaint are that on the 10th of March, 1908, the defendant leased to one William Fults, the husband of the plaintiff, a farm of 240 acres, situate in the town of Camillus, county of Onondaga.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1909, affirming a judgment in favoi of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The material allegations of the complaint are that on the 10th of March, 1908, the defendant leased to one William Fults, the husband of the plaintiff, a farm of 240 acres, situate in the town of Camillus, county of Onondaga. The lease was in writing and provided for a term of one year from the 1st of April, 1908. The lessee agreed to market the crops…
1Opinion of the CourtVarr, J.
Statutes relating to forcible entry and to forcible detainer, which are separate and distinct wrongs, have existed for centuries. The earliest, passed in 1381, provided that “None from henceforth make any entry into lands and tenements but in cases where entry is given by the law, and in such case not with strong hand nor multitude of people but only in peaceable and easy manner; and if any man from henceforth dp to the contrary, and thereof be duly convicted, he shall be punished by imprisonment of his body, and thereof ransomed at the King’s will. ” (5 Ric. II, ch. 7; Pollock on Torts [6th…
2Cases cited18 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Colt v. EvesSupreme Court of Connecticut · 1837
- Welsh v. . CochranNew York Court of Appeals · 1875
- Wood v. . PhillipsNew York Court of Appeals · 1870
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
13 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- General Electric Co. v. R. H. Macy & Co.New York Supreme Court · 1951
- Crow v. DavidsonSupreme Court of Oklahoma · 1939
- Young v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1985
- Drinkhouse v. Parka Corp.New York Court of Appeals · 1957
- P & A Bros. v. City of New York Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 1992
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