Legal Opinion

Anderson v. Prindle

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1840PublishedCited by 38 opinions

Error from the supreme court. Anderson agreed to let certain premises to Prindle for the term of one year and eight months, at a certain rent, to be paid monthly — written leases to he executed. On the 1st September, 1835, Prindle entered, and then refused to execute a counterpart of the lease, which was tendered to him.

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Error from the supreme court. Anderson agreed to let certain premises to Prindle for the term of one year and eight months, at a certain rent, to be paid monthly — written leases to he executed. On the 1st September, 1835, Prindle entered, and then refused to execute a counterpart of the lease, which was tendered to him. On 17th June, 1836, the landlord made an affidavit stating the above facts, and also that Prindle had paid the monthly rent from time to time up to 1st June, 1836, and that notice to quit within thirty days had been served on Prindle on the fourth day of April, upon which…

1Opinion of the Court

By the Chancellor.

This is a writ of error to the supreme court to reverse a judgment given upon certiorari directed to a judge of the court of common pleas, to review the proceedings had before him under the article of the revised statutes relative to summary proceedings to recover the possession of land. 2 R. S. 511. I do not concur in the opinion expressed by the learned judge who gave the reasons for the decision of the court below, that the court of which he was a member had no authority to examine the correctness of the decisions of the judge before whom the proceedings were instituted,…

2Cited by38 opinions

  1. Thomas v. . NelsonNew York Court of Appeals · 1877
  2. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
  3. Benjamin v. . BenjaminNew York Court of Appeals · 1851
  4. Scott v. BeecherMichigan Supreme Court · 1892
  5. McDevitt v. LambertSupreme Court of Alabama · 1886

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