Legal Opinion

Town of Oyster Bay v. Jacob

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1905PublishedCited by 11 opinions

■ Appeal by the defendant, William H. Jacob, from a final order of the County Court of Nassau county, entered in the -office of the clerk of the county of Nassau on the 4th day of. May, 1904.

1Opinion of the Court

Jenks, J.:

The defendant appeals from a final order-of forcible entry and detainer, entered upon a verdict of a jury in summary proceedings authorized by title 2 of chapter 17 of the Code of Civil Procedure, and instituted in the County Court of Nassau county. The petitioner alleged (1) that it was in constructive possession of the premises as owner in fee simple; (2) that .on March 30,1904,, it was in actual and peaceable possession.thereof. “The statute was not intended to confer rights. The main object still is to preserve the public peace and prevent parties from asserting their rights-by…

2Cases cited14 opinions

  1. Stanley v. SchwalbySupreme Court of the United States · 1893
  2. Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
  3. Iron Mountain & Helena Railroad v. JohnsonSupreme Court of the United States · 1887
  4. Bliss v. . JohnsonNew York Court of Appeals · 1878
  5. People ex rel. Kline v. RickertNew York Supreme Court · 1828

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Lyke v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
  2. Tri-State Refreshments, Inc. v. Nitke, New York County Courts1964
  3. Fleming v. ConklinMichigan Supreme Court · 1927
  4. Jacob v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1905
  5. Webb & Knapp, Inc. v. Churchill's Terminal Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1956

6 more not listed; retrieve them via the Exa API.

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