Marks v. Wilson
The Superior Court of New York City
Motion for an injunction. This was an action to restrain the defendant, a constable, from executing a warrant to dispossess the plaintiff obtained in summary proceedings to recover possession of certain premises. The facts are fully disclosed by the opinion.
1Opinion of the CourtHoffman, J.
The complaint is for an injunction to restrain the defendant from executing a warrant granted by a justice of the Marine Court of the city of Hew York, to dispossess the plaintiff under the act “ Of summary proceedings to recover ¡possession of land,” &c. (2 Rev. Stat., 612, vol. 3, 5 ed., 836, § 8.) The warrant was for holding over, after the expiration of the term, without permission.
Section 47 of the act provides that the Supreme Court may award a certiorari for the purpose of examining any adjudication made on any application hereby authorized; but the proceedings on any such application…
2Cases cited5 opinions
- Duigan v. HoganThe Superior Court of New York City · 1858
- Maxson v. AnnasCourt for the Trial of Impeachments and Correction of Errors · 1845
- Carlisle v. McCallNew York Court of Common Pleas · 1857
- Forster v. CapewellNew York Court of Common Pleas · 1856
- Hyatt v. BurrNew York Supreme Court · 1853
3Cited by3 opinions
- Kinney v. EmeryNew Jersey Court of Chancery · 1883
- McIntyre v. HernandezThe Superior Court of New York City · 1869
- People ex rel. Lower v. DonovanNew York Court of Appeals · 1892