People ex relatione Whiting v. Godfrey
The Superior Court of New York City
The defendant in this case, was tried on the 4th day of September, 1828, before Mr. Justice Hoffman, on an indictment found by a jury, impannelled under the act entitled,‘ an act to prevent forcible entry and detainer.” [1 R. L. 96..] At the trial the relator, for the purpose of showing his title to the premises in question, and his possession thereof, offered in evidence, 1. A lease from Peter Ogilvie to one William Peet, of the lot and premises known .as 221…
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The defendant in this case, was tried on the 4th day of September, 1828, before Mr. Justice Hoffman, on an indictment found by a jury, impannelled under the act entitled,‘ an act to prevent forcible entry and detainer.” [1 R. L. 96..] At the trial the relator, for the purpose of showing his title to the premises in question, and his possession thereof, offered in evidence, 1. A lease from Peter Ogilvie to one William Peet, of the lot and premises known .as 221 Delancey-street, in the city of New-York. This lease was for a term of 21 years, from the first day of October, 1825, reserving a rent…
1Per curiam
On an indictment for a forcible entry and detainer, it is settled beyond all question, by the decisions of our own courts, that the defendant may be convicted of a forcible detaineronly. [ The People v. Anthony, 4 J. R. 198. People v. Richard, 8 Cowen 226.]
*246In this case the jury have found the defendant guilty of a forceable detainer, from all the evidence spread before them; and ^e court have no disposition to interfere with their decision upon the questions of fact.
Although the title to the premises cannot be enquired into, in a prosecution of this nature, still the relator is bound to set…
2Cases cited1 opinion
- Jackson ex dem. Ferris v. FullerNew York Supreme Court · 1809
3Cited by8 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Newton v. LearyWisconsin Supreme Court · 1885
- Kelly v. SheehyNew York Marine Court · 1881
- People v. KingNew York Supreme Court · 1804
- Gates v. WinslowWisconsin Supreme Court · 1853
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