Duigan v. Hogan
The Superior Court of New York City
Before Bosworth, Hoffman, Slosson, Woodruff and Pierrepont, Justices. Appeal from order at special term granting an injunction.
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Before Bosworth, Hoffman, Slosson, Woodruff and Pierrepont, Justices. Appeal from order at special term granting an injunction. The complaint of the plaintiff, fortified by affidavits on his behalf, represented in substance, that the defendant leased thirteen dwelling-houses, then out of repair, to the plaintiff, and covenanted that he would put them in complete repair; that the defendant neglected and refused to make such repairs, and that the plaintiff had sustained great damage thereby, and had been himself put to expense in making repairs that were necessary ; that the making of such…
1Opinion of the Court
By the court—Woodruff, Justice.
By the plain terms of the 47th section, [now 48th section,] of title tenth of chapter 8th, part 3d of the Bevised Statutes, proceedings on an application for the dispossession of a tenant under that title, may not be stayed by the writ or order of any court or officer.
The legislature, in granting the remedy furnished by that title, have prescribed with entire precision, what allegations *167must be made on behalf of the landlord, and what issues the tenant shall be permitted to take and submit to the determina tion of the j ury. If those issues are found by the j…
2Cited by9 opinions
- Douglas v. Chesebrough Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- People on rel. Ward v. KelseyNew York Supreme Court · 1862
- Henwood v. JarvisNew Jersey Court of Chancery · 1876
- Marks v. WilsonThe Superior Court of New York City · 1860
- Aaron v. BaumThe Superior Court of New York City · 1868
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