Dudley v. Chanfrau

New York Circuit Court

Dudley v. Chanfrau

2 Edm. Sel. Cas. 128

DecidedDecember 15, 1849

StatusPublished

This text of 2 Edm. Sel. Cas. 128 (Dudley v. Chanfrau) is published on Counsel Stack Legal Research, covering New York Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dudley v. Chanfrau, 2 Edm. Sel. Cas. 128 (N.Y. Super. Ct. 1849).

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Opinion

Edmonds, J.:

This is purely a question of fact whether there was a forcible entry. No threats of personal violence were used, no unusual weapons displayed, no riotous assemblage, nor any unusual number of persons; nor, indeed, any violence or force further than so much as was necessary to [129]*129remove the articles of personal property within the bar or saloons.

I see nothing in this more than ordinary trespass. No circumstances .of violence or terror which are necessary to constitute a forcible entry; no “ strong hand or multitude of people.”

There must, therefore, be judgment for the defendants, with costs. '

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Edmonds, J.:

This is purely a question of fact whether there was a forcible entry. No threats of personal violence were used, no unusual weapons displayed, no riotous assemblage, nor any unusual number of persons; nor, indeed, any violence or force further than so much as was necessary to [129]*129remove the articles of personal property within the bar or saloons.

I see nothing in this more than ordinary trespass. No circumstances .of violence or terror which are necessary to constitute a forcible entry; no “ strong hand or multitude of people.”

There must, therefore, be judgment for the defendants, with costs. '

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Bluebook (online)

2 Edm. Sel. Cas. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudley-v-chanfrau-nycirct-1849.