Carey v. Reilly
Appellate Terms of the Supreme Court of New York
Appeal by tenant from final order made in summary proceedings by the Second District Court.
1Opinion of the CourtMcAdam, J.
A precept in summary proceedings under the statute for holding over was issued out of the Second District Court on Saturday, May 1, 1897, returnable at 2 o’clock on the afternoon of that day.- Upon its return the tenant appeared and objected that the court was without jurisdiction, for the reason that Saturday after 12 o’clock, noon, is a half-holiday, The objection was overruled, and on failure of the tenant to file an answer a final order was made awarding possession of the demised premises to the landlord pursuant to the statutory requirements..
The objection is based upon the provision of…
Also in this document: Concurrence.
2Cases cited3 opinions
- Didsbury v. Van TasselNew York Supreme Court · 1890
- In re BornemannAppellate Division of the Supreme Court of the State of New York · 1896
- Berthold v. WallachNew York Court of Common Pleas · 1895