Legal Opinion

Porter v. People ex rel. Cass

New York Supreme Court

Decided December 15, 1852PublishedCited by 6 opinions

Present, Welles, Selden and Johnson, Justices. This was a common law certioiari to review the oroceedings and determination, on the traverse of an inquisition found, in case of forcible entry and detainer before the county judge of Steuben county. The complaint set out all the facts and was verified by affidavit, but there was no other affidavit than that verifying the complaint. The traverse was tried before the judge by six jurors drawn from the twelve summoned.

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Present, Welles, Selden and Johnson, Justices. This was a common law certioiari to review the oroceedings and determination, on the traverse of an inquisition found, in case of forcible entry and detainer before the county judge of Steuben county. The complaint set out all the facts and was verified by affidavit, but there was no other affidavit than that verifying the complaint. The traverse was tried before the judge by six jurors drawn from the twelve summoned. There was some proof on the trial tending to show that the' relator’s interest in the premises, and his right to the possession…

1Opinion of the Court

By the Court, Johnson, Justice.

There is not a literal compliance with the statute in the complaint and affidavit. The statute requires that the complaint shall be in writing, and shall be accompanied by an affidavit of such forcible entry or forcible holding out, and that the complainant has an estate, &c., stating the same. This seems to contemplate that the forcible acts complained of, and the complainant’s right shall be set out in full in the affidavit. There is no affidavit here except the one verifying the "complaint. All the facts are, however, set out in the complaint, which the…

2Cited by6 opinions

  1. Voll v. HollisCalifornia Supreme Court · 1882
  2. Zapf v. StateSupreme Court of Florida · 1895
  3. People ex rel. Cooper v. Newcomb FieldNew York Supreme Court · 1870
  4. Lachman v. BarnettNevada Supreme Court · 1884
  5. Skinner v. AllisonAppellate Division of the Supreme Court of the State of New York · 1908

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