State v. Idler
Supreme Court of New Jersey
The writ of certiorari in this case brings up a judgment by a justice of the peace awarding the possession of a house to a claimant in a summary proceeding taken against a tenant .under the Landlord and Tenant act.
Read the full summary
The writ of certiorari in this case brings up a judgment by a justice of the peace awarding the possession of a house to a claimant in a summary proceeding taken against a tenant .under the Landlord and Tenant act. The following is a copy of the affidavit filed with the justice: “ Charles A. Idlsr, being of full age, being duly sworn, oh his oath says, that he is for this purpose the duly authorized •agent of Lucretia P. Idler; that one Laura Watson is now in the possession of a certain furnished cottage of the said Lucretia P. Idler, situate at No. 127 South Tennessee avenue, Atlantic City,…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first reason assigned for the vacation of the judgment of the justice ordering the tenant to be dispossessed, is that the affidavit filed by the agent of the claimant does not show a relation of landlord and tenant existing between the claimant and the tenant, no attornment being shown ■ and it does not show how the claimant became entitled to the rent accruing from the use of the said premises.
The purpose of this reason is to direct attention to the fact that the claimant is neither the lessor, nor a person to whom the tenant has paid…
2Cases cited2 opinions
- Miller v. . LeviNew York Court of Appeals · 1871
- Birdsall v. PhillipsNew York Supreme Court · 1837
3Cited by9 opinions
- Northern Pacific Railway Co. v. McClureNorth Dakota Supreme Court · 1899
- Cahayla v. SaikevichNew Jersey Superior Court Appellate Division · 1972
- In re Clerc Chemical Corp.Court of Appeals for the Third Circuit · 1944
- Lloyd v. RichmanSupreme Court of New Jersey · 1894
- Robinson v. BoysSupreme Court of New Jersey · 1897
4 more not listed; retrieve them via the Exa API.