Legal Opinion

Feickert v. Freisem

New York Marine Court

Decided June 15, 1881Published

Action against landlord to recover $2,000 damages for an alleged wrongful eviction.

1Opinion of the CourtMcAdam, J.

The district court had jurisdiction of the summary proceeding referred to in the pleadings. It certainly had jurisdiction of the subject-matter (Code Civ. Pro. § 2234), and it acquired jurisdiction over the tenant by due proof of service of the precept in one of the modes permitted by law (Id. §§ 2240, 2243, 2249), and the final order was granted as of course upon the tenant’s default. Under the warrant founded upon this order the plaintiff was removed from the premises therein described, and such removal constitutes the grievance of which the plaintiff complains. The action is not against…

2Cases cited6 opinions

  1. Rice v. . ManleyNew York Court of Appeals · 1876
  2. Welsh v. . CochranNew York Court of Appeals · 1875
  3. Jarvis v. . DriggsNew York Court of Appeals · 1877
  4. New-York & Erie Railroad v. PurdyNew York Supreme Court · 1854
  5. Wheeler v. New York & Harlem Rail RoadNew York Supreme Court · 1857

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