Legal Opinion

McGarrell v. Murphy

New York Court of Common Pleas

Decided May 15, 1856PublishedCited by 3 opinions

Appeal by defendant from a judgment of the Seventh District Court. This was an action" brought to recover. damages for a wilful trespass. The facts sufficiently appear in the opinion of tbe court. Judgment was rendered for tbe plaintiff for $25 and costs, from wbicb tbe defendant appealed. Submitted without argument by tbe respondent.

1Opinion of the Court

INGRAHAM, Eirst Judge.

The defendant and one Quinn were tenants in common of a bouse and lot in tbis city. Quinn gave tbe plaintiff permission to occupy two rooms, in tbe bouse belonging to bim -and Murpby, for nine days. Tbe plaintiff removed there. Murpby met tbe plaintiff on tbe premisess and aslced by what authority be was there. He said Quinn gave bim permission, and on being asked for Quinn’s permission^» did not show it, and the defendant put bim out.

Tbe defendant’s act of expelling the plaintiff was unauthorized. By Quinn’s permission be was on tbe premises. He was entitled to all the…

2Cases cited1 opinion

  1. Mumford v. BrownNew York Supreme Court · 1828

3Cited by3 opinions

  1. Burchell v. BurchellNew York Supreme Court · 1916
  2. King v. PhillipsNew York Supreme Court · 1868
  3. Efford v. S. Pac. Coast R.R.California Supreme Court · 1877

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