Ely v. Dolen

Appellate Division of the Supreme Court of New York

Ely v. Dolen

218 A.D. 854

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

DecidedDecember 15, 1926

StatusPublished

This text of 218 A.D. 854 (Ely v. Dolen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ely v. Dolen, 218 A.D. 854 (N.Y. Ct. App. 1926).

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Opinion

Order requiring judgment debtor to surrender possession of premises reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We are of opinion that there is no authority in the statute (Civ. Prac. Act, § 793) for the order appealed from. (Matter of Fiss v. Haag, 75 App. Div. 241; Moyer v. Moyer, 7 id. 523; First Nat. Bank of Canandaigua v. Martin, 49 Hun, 571.) Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

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Order requiring judgment debtor to surrender possession of premises reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We are of opinion that there is no authority in the statute (Civ. Prac. Act, § 793) for the order appealed from. (Matter of Fiss v. Haag, 75 App. Div. 241; Moyer v. Moyer, 7 id. 523; First Nat. Bank of Canandaigua v. Martin, 49 Hun, 571.) Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

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Bluebook (online)

218 A.D. 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ely-v-dolen-nyappdiv-1926.

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