Jones v. . Reilly
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1902, affirming a judgment in favor of plaintiff entered upon á verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This proceeding was a summary proceeding to dispossess a tenant. As such it should have been dismissed for want of jurisdiction.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1902, affirming a judgment in favor of plaintiff entered upon á verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This proceeding was a summary proceeding to dispossess a tenant. As such it should have been dismissed for want of jurisdiction. The Appellate Division had no power to convert it into, or consider it as, an action in ejectment. (Snider v. Snider, 160 N. Y. 151 ;…
1Opinion of the CourtCullen, J.
The plaintiffs, claiming to be the landlords, instituted summary proceedings in a District Court in the city of 27ew York to dispossess one Andrew Henderson from certain premises in said city for non-payment of rent. In the proceeding Henderson made answer, alleging that Hannah R. Rockwell was the owner in fee of said premises and in possession of them, and that the trial of the proceeding would necessarily involve the title to said real property. With his answer he tendered the bond required by section 2952 of the Code of Civil Procedure. Both parties erroneously assumed that the answer of…
2Cases cited10 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Ingraham v. . BaldwinNew York Court of Appeals · 1853
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3Cited by33 opinions
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- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Bloodgood v. LynchNew York Court of Appeals · 1944
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- Peyton v. WerhaneSupreme Court of Connecticut · 1940
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