Finnegan v. Burrows
Appellate Division of the Supreme Court of the State of New York
Appeal from Steuben county court. Appeal by Stephen Burrows from a judgment affirming a judgment of a justice’s court in a special proceeding instituted under title 2, c 17, of the Code of Civil Procedure, by Catharine Finnegan and others, before Weils E. Ellis, a justice of the peace of the county of Steuben, against Stephen Burrows, the appellant, for forcible entry upon and detainer of about 27 acres of land, situate in the town of Hornellsvilie, in that county.
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Appeal from Steuben county court. Appeal by Stephen Burrows from a judgment affirming a judgment of a justice’s court in a special proceeding instituted under title 2, c 17, of the Code of Civil Procedure, by Catharine Finnegan and others, before Weils E. Ellis, a justice of the peace of the county of Steuben, against Stephen Burrows, the appellant, for forcible entry upon and detainer of about 27 acres of land, situate in the town of Hornellsvilie, in that county. The petition of the respondents alleged title to the premises in them, and that they were in peaceable occupation of the same…
1Dissent
WARD, J. (dissenting).
The respondents, Catharine Finnegan and her children, for many years prior to the 25th of June, 1895, resided in Buffalo, N. Y. At that time she and two sons, aged 19 and 17, respectively, appeared upon the disputed premises, which consisted of four lots, inclosed by fences; and abstracts from the testimony of this lady and her two sons (they being the only witnesses who testified in their behalf upon the trial before the magistrate) it is necessary to give, in order to show the assumed peaceable possession which they claim to have taken, of the premises, and from which…
2Cases cited4 opinions
- People v. LeonardNew York Supreme Court · 1814
- Carter v. NewboldNew York Supreme Court · 1852
- Porter v. People ex rel. CassNew York Supreme Court · 1852
- Alexander v. GriswoldNew York Court of Common Pleas · 1892