People ex rel. Wyman v. Johnson
New York Supreme Court
Ceetioeari, under Revised Statutes, part 3, chap. 8, title 10, art. 2, § 47, to remove to this court summary proceedings had under the provisions of the article mentioned before a justice of the peace..
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Ceetioeari, under Revised Statutes, part 3, chap. 8, title 10, art. 2, § 47, to remove to this court summary proceedings had under the provisions of the article mentioned before a justice of the peace.. The certiorari in this case was issued to review the proceedings of a justice of the peace of the city of Syracuse, in summary proceedings instituted in the name of the respondent, Christian M. Johnson, to remove the relator from a house in said city owned by said Johnson, and which had been leased to the relator at the rent of $12 per month, payable monthly in advance. Rent became due on the…
1Opinion of the CourtMullin, P. J.
Section 29 of the statute relating to summary proceedings to recover the possession of land, 3 R. S. 836 (5th ed.), provides that any landlord or lessor, his legal representatives, agents or assigns, may make oath in writing of the facts which, according to the preceding section, authorize the removal of a tenant. The affidavit made by Charles T. Johnson does not disclose that he stands in any relation to the landlord as agent or otherwise. The fact of agency, if the agent makes the affidavit, must be stated affirmatively in it, it is not enough to state it by way of recital. Cunningham v.…
2Cases cited2 opinions
- Cunningham v. GoeletNew York Supreme Court · 1847
- Ex parte AldrichCourt for the Trial of Impeachments and Correction of Errors · 1845