Legal Opinion

People Ex Rel. Reilly v. Johnson

New York Court of Appeals

Decided January 5, 1868PublishedCited by 45 opinions

On the 28th day of February, 1861, the Appellants presented to O. W. Van Voorhis, the Justice of the Seventh District Court of the city of Hew York, the affidavit of Frederick Johnson, one of the Appellants, and thereupon demanded process to remove the Relator,'Thomas Reilly, from the premises known as Hermitage Hall, in the city of Hew York, upon the ground that said Reilly was a tenant of the said Appellants, and was holding over after the expiration of his term, without…

Read the full summary

On the 28th day of February, 1861, the Appellants presented to O. W. Van Voorhis, the Justice of the Seventh District Court of the city of Hew York, the affidavit of Frederick Johnson, one of the Appellants, and thereupon demanded process to remove the Relator,'Thomas Reilly, from the premises known as Hermitage Hall, in the city of Hew York, upon the ground that said Reilly was a tenant of the said Appellants, and was holding over after the expiration of his term, without the leave of his landlords. On the 1st day of March, 1861, the Justice issued a summons against Reilly, requiring him to…

1Opinion of the CourtBacon, J.

There is but a single question in this case, and that arises upon a ruling made by the magistrate before whom the proceeding was taken to oust the Relator from the premises of which, it was alleged, he was a tenant. In the affidavit which was the foundation of the proceedings before Van Yoorliis, the Appellant Johnson had sworn that Reilly, the Relator, was the tenant of Johnson and Cornell (who claimed to have been the owners in fee of the premises) in March, 1859, for six months from that date ; and on the 22d of September, 1859, they had let the premises to him for a further term of three…

2Cases cited3 opinions

  1. Coit v. TracySupreme Court of Connecticut · 1830
  2. Manny v. HarrisNew York Supreme Court · 1806
  3. Chamberlain v. . CholesNew York Court of Appeals · 1866

3Cited by45 opinions

  1. Norton v. LarneySupreme Court of the United States · 1925
  2. Rudd v. . CornellNew York Court of Appeals · 1902
  3. Silberstein v. . SilbersteinNew York Court of Appeals · 1916
  4. Hymes v. . EsteyNew York Court of Appeals · 1889
  5. Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900

40 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API