Kelly v. Struth
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Julia Kelly and another, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 8th day of July, 1914, overruling their demurrer to the counterclaim contained in the amended answer. The motion was brought to a hearing, pursuant to section 976 of the Code of Civil Procedure.
1Opinion of the Court
Laughlin, J.:
This is an action in ejectment to recover the possession of premises described in the complaint and $6,000 damages for *706the wrongful detention thereof. The plaintiffs allege that they were at the time of the commencement of the action and are the owners in fee and entitled to the possession of an undivided one-half interest in the premises described in the complaint, known as No. 638 Jackson avenue, in the borough and county of Bronx; and that the defendant was and is in possession and has ousted plaintiffs and denies that they have any title or interest therein.
The answer of the…
2Cases cited14 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Putnam v. RitchieNew York Court of Chancery · 1837
- Barson v. . MulliganNew York Court of Appeals · 1908
- Campbell v. MesierNew York Court of Chancery · 1819
- Prentice v. . JanssenNew York Court of Appeals · 1880
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3Cited by1 opinion
- Sperry v. SaulNew York Supreme Court · 1958