Mullen v. Conyngham

Appellate Terms of the Supreme Court of New York

Mullen v. Conyngham

26 Misc. 807, 56 N.Y.S. 196

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1899

StatusPublished

This text of 26 Misc. 807 (Mullen v. Conyngham) 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

Mullen v. Conyngham, 26 Misc. 807, 56 N.Y.S. 196 (N.Y. Ct. App. 1899).

Pincite

Opinion

Per Curiam.

It may "be conceded that the fact that the petitioner himself had been guilty of forcible entry and detainer would not have authorized the defendant to employ force to regain possession, and that if he had forcibly repossessed himself it would have been no defense in the present proceeding that the petitioner had done the same thing. But defendant had a right to seek legal redress and the evidence fails to establish that he used force to repossess himself within the meaning of the law relating to forcible-entry and detainer.

Judgment dismissing the petition and proceedings, without costs,, should be affirmed, with costs.

Present: Feedman, P. J.; MacLean and Leventritt, JJ.

Judgment affirmed, with costs.

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Per Curiam.

It may "be conceded that the fact that the petitioner himself had been guilty of forcible entry and detainer would not have authorized the defendant to employ force to regain possession, and that if he had forcibly repossessed himself it would have been no defense in the present proceeding that the petitioner had done the same thing. But defendant had a right to seek legal redress and the evidence fails to establish that he used force to repossess himself within the meaning of the law relating to forcible-entry and detainer.

Judgment dismissing the petition and proceedings, without costs,, should be affirmed, with costs.

Present: Feedman, P. J.; MacLean and Leventritt, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

26 Misc. 807, 56 N.Y.S. 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullen-v-conyngham-nyappterm-1899.