Roberts v. McPherson

The opinion of the court was delivered by

Garrisok, J.

This writ of certiorari brings up an affidavit filed in the Oamden City District Court in landlord and tenant proceedings. The only question that can be considered is the sufficiency of this affidavit. The capacity of the court below to entertain proof of the title to land is not here. The prosecutor did not require proof to be made of the facts that authorized his removal. Gen. Stat., p. 1239, § 128.

Where the tenant, instead of requiring proof of the facts that authorize his removal, arrests the proceeding against him by the service of a…