Buck v. Binninger
New York Supreme Court
This was a certiorari to a judge of the late court of common pleas of Washington county, under the act relative to summary proceedings to recover the possession of land.
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This was a certiorari to a judge of the late court of common pleas of Washington county, under the act relative to summary proceedings to recover the possession of land. (2 JR. S. 511, 516, § 47.) The certiorari was sued out on the instance of the tenant, against whom the judgment of the court below was rendered, and from the return it appears that on the 2d of April, 1845, Binninger presented a petition in writing addressed to the judge, stating “ that Jehiel Buck is a tenant of all and singular the farm situate in Jackson, in the county of Washington, called the Gainer farm, being the farm…
1Opinion of the CourtWillard, J.
The first statute which authorized summary proceedings, on the part of the landlord, to remove his tenant for non-payment of rent, or for holding over after the expiration of his tenancy, without the consent of his landlord, was passed April 13, 1820. (Laws of 1820, p. 176.) That statute made no provision for reviewing the proceedings by this court; thus leaving this court with no other than its common law powers, of re-examining the process and proceedings before the magistrate by the cosnmon law certiorari. In Lynde v. Noble, (20 John. 80,) the supreme court held that such certiorari would…
2Cases cited3 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Lynde v. NobleNew York Supreme Court · 1822
3Cited by6 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Imbert v. HallockNew York Court of Common Pleas · 1862
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
- Sprague National Bank v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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