O'Donnell v. . McIntyre
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 26, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 26, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for an assault and battery which the plaintiff alleged the defendant committed on her April 5, 1883, at a dwelling-house known as Mo. 39 Orange street in the city of Rochester, which dwelling each party claimed to be the owner and in possession of. The battery was committed while each was using more or less force against the other in…
1Opinion of the CourtParker, J.
The question requiring consideration is presented by an exception taken to the charge of the learned trial justice. He instructed the jury that the plaintiff was at the time of the quarrel in possession of the premises and had the right to use reasonable force to retain her possession and to eject the defendant; that he had no right to exercise force to acquire possession or to remain in the. house after having been notified by the plaintiff to leave. It is insisted by the appellant that the attornment of Bates to the defendant was valid and that thereafter he was the owner and in possession…
2Cases cited2 opinions
- Austin v. . AhearneNew York Court of Appeals · 1874
- Becker v. . HowardNew York Court of Appeals · 1876
3Cited by11 opinions
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Miller-Brent Lumber Co. v. StewartSupreme Court of Alabama · 1909
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Kelley v. OsbornAppellate Division of the Supreme Court of the State of New York · 1916
- People v. SavageAppellate Division of the Supreme Court of the State of New York · 1932
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