Ebling v. Saracena

Appellate Terms of the Supreme Court of New York

Ebling v. Saracena

30 Misc. 444, 62 N.Y.S. 1135

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1900

StatusPublished

This text of 30 Misc. 444 (Ebling v. Saracena) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ebling v. Saracena, 30 Misc. 444, 62 N.Y.S. 1135 (N.Y. Ct. App. 1900).

Pincite

Opinion

MacLean, J.

By his answer to the petition herein to recover the possession of real property, the defendant put in issue the term of his tenancy, and although that issue was the only one raised and contested, it appears from the final order itself that the result was arrived at from incidents dehors both the pleadings and the proofs. Therefore, the order must be reversed.

Ebeedman, P. J., and Leventbitt, J., concur.

Order reversed and new trial ordered, with costs to the appellant to abide event.

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MacLean, J.

By his answer to the petition herein to recover the possession of real property, the defendant put in issue the term of his tenancy, and although that issue was the only one raised and contested, it appears from the final order itself that the result was arrived at from incidents dehors both the pleadings and the proofs. Therefore, the order must be reversed.

Ebeedman, P. J., and Leventbitt, J., concur.

Order reversed and new trial ordered, with costs to the appellant to abide event.

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Bluebook (online)

30 Misc. 444, 62 N.Y.S. 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ebling-v-saracena-nyappterm-1900.