Benjamin v. . Benjamin
New York Court of Appeals
Appeal from the general term of the Supreme Court, where the judgment of the county judge of Tompkins county, in summary proceedings against a tenant holding over, had been reversed, on certiorari.
Read the full summary
Appeal from the general term of the Supreme Court, where the judgment of the county judge of Tompkins county, in summary proceedings against a tenant holding over, had been reversed, on certiorari. On the 5th April 1850, Joseph Benjamin, by his agent, instituted summary proceedings, under the statute, before the county judge of Tompkins county, against the widow of his late brother, Jonathan Benjamin, deceased, as a tenant holding over. *The preliminary affidavit set forth that Joña-than Benjamin, the complainant’s brother, for several years prior to his death, had been in possession of the…
1Opinion of the CourtMcCoun, J.
I am satisfied, the county judge had no authority by law to try the cause without a jury. He states in his return to the certiorari, that the defendant appeared before him, upon the summons, and filed an affidavit (which affidavit, it will be seen, fully denied the allegations on which the summons was founded), and thereupon, neither party desiring a jury, he ad journed tlie cause over to another day, when the parties again appeared, and he proceeded to try it without a jury.
The statute directs, that when such an affidavit of denial is filed, the matters thus controverted shall be tried by a…
2Cases cited14 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Evertson v. SuttonNew York Supreme Court · 1830
- People Ex Rel. Mitchell v. SimpsonNew York Court of Appeals · 1863
- Carter v. NewboldNew York Supreme Court · 1852
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
- Collyer v. . CollyerNew York Court of Appeals · 1889
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Preston v. . HawleyNew York Court of Appeals · 1886
- Eells v. . MorseNew York Court of Appeals · 1913
32 more not listed; retrieve them via the Exa API.