Dudley v. Chanfrau

2 Edm. Sel. Cas. 128
New York Circuit Court·Decided December 15, 1849·Published

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

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