Deuterman v. Wilson

On the 2d of August, 1888, the clerk of the district court in the city of New York for the second judicial district, at the request of the appellants, and on their petition as landlords, issued a precept requiring the respondent, as tenant, to show cause at the court room of the second district court, at three o’clock in the afternoon of the same day, why the possession of a portion of 147 Grand street should not be delivered to the landlords. This precept was duly served on the tenant.

The justice of the district court was not present at the time and place specified in the precept, nor was…