Capet v. Parker
The Superior Court of New York City
The complaint was filed for the specific performance of an agreement for the sale of certain premises in the city of Eew York, by the defendant, Parker, to the plaintiff, Mrs. Capet, before her intermarriage, and of which, at the time of such agreement, she was in possession as tenant to Parker, and also for an injunction restraining him from the further prosecution of certain proceedings commenced by him before one of the justices of the city, for the purpose of…
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The complaint was filed for the specific performance of an agreement for the sale of certain premises in the city of Eew York, by the defendant, Parker, to the plaintiff, Mrs. Capet, before her intermarriage, and of which, at the time of such agreement, she was in possession as tenant to Parker, and also for an injunction restraining him from the further prosecution of certain proceedings commenced by him before one of the justices of the city, for the purpose of dispossessing the plaintiffs on the plea that they held over after the expiration of their term. The substance of the complaint, so…
1Opinion of the CourtMason, J.
The complaint, which on the motion to vacate or modify the injunction, must be taken as true, clearly shows that the justice had no jurisdiction in the matter. He has power, under the statute, authorising summary proceedings to recover the possession of land, upon the application of a landlord, to .¡remove a tenant from premises occupied by him in certain speci*664fied cases; but it is essential to the exercise of this power, that the relation of landlord and tenant should have existed, and that the tenant holds over without permission, either after the expiration of the term, or after default in…
2Cited by8 opinions
- Green v. . GriffinSupreme Court of North Carolina · 1886
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Rodgers v. EarleThe Superior Court of the City of New York and Buffalo · 1893
- Continental National Building & Loan Ass'n v. G. S ScottSupreme Court of Florida · 1899
- People ex rel. Sherrill v. GuggenheimerNew York Supreme Court · 1899
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