McIntyre v. Hernandez
The Superior Court of New York City
Motion to continue an injunction pendente lite. The defendant Eleonore Hernandez, as the landlord of the plaintiff William N. McIntyre, instituted a pro ceeding before one of the justices of the marine court, to dispossess the plaintiff of certain premises in the city of New York, for non-payment of a quarter’s rent, due February 1, 1869. The plaintiff appeared before the justice, and, having controverted the allegation of rent due, proved that on or about the tenth day of…
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Motion to continue an injunction pendente lite. The defendant Eleonore Hernandez, as the landlord of the plaintiff William N. McIntyre, instituted a pro ceeding before one of the justices of the marine court, to dispossess the plaintiff of certain premises in the city of New York, for non-payment of a quarter’s rent, due February 1, 1869. The plaintiff appeared before the justice, and, having controverted the allegation of rent due, proved that on or about the tenth day of February he delivered to the landlord a draft, drawn by the plaintiff upon and accepted by one Russell, for the sum of…
1Opinion of the CourtMonell, J.
If an appeal could be taken from the determination in the proceeding before the justice of the marine court to the court of common pleas, I am inclined to think enough was done by the plaintiff to perfect the appeal, and that such appeal would stay all proceed*216ings before the justice. But it seems to be quite settled that no such appeal can be taken (People v. Willis, 5 Abb. Pr., 205 ; Freeman v. Ogden,* 17 Id., 326 note).
The case of Davis v. Hudson (5 Abb. Pr., 61) merely decided that proceedings before a justice of a city district court could be removed by appeal; but even that case has…
2Cases cited8 opinions
- Duigan v. HoganThe Superior Court of New York City · 1858
- Freeman v. . OgdenNew York Court of Appeals · 1869
- Marks v. WilsonThe Superior Court of New York City · 1860
- People ex rel. Nevins v. WillisNew York Supreme Court · 1857
- Davis v. HudsonNew York Court of Common Pleas · 1857
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