Legal Opinion

People Ex Rel. Mitchell v. Simpson

New York Court of Appeals

Decided September 5, 1863PublishedCited by 17 opinions

Appeal from a judgment of the Supreme Court reversing upon certiorari summary proceedings to recover the possession of land. One Andrew Simpson made the affidavit upon which the justice issued the summons requiring Mitchell to remove, forthwith, from the premises or to show cause on the same day, January 29, 1862, at 12 o’clock noon, why the possession of the premises should not be delivered to the landlord.

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Appeal from a judgment of the Supreme Court reversing upon certiorari summary proceedings to recover the possession of land. One Andrew Simpson made the affidavit upon which the justice issued the summons requiring Mitchell to remove, forthwith, from the premises or to show cause on the same day, January 29, 1862, at 12 o’clock noon, why the possession of the premises should not be delivered to the landlord. Simpson states, in the affidavit, that on or about the 16th day of September, 1859, by an instrument in writing under seal, one John Moadinger, as landlord, rented unto Mirando Mitchell,…

1Opinion of the Court

These proceedings were summary, to recover the possession of the premises, under the revised statues, as amended, (see 3 R.S. 863, 5th ed.) by which any tenant or lessee at will or at sufferance may be removed c when such person shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his term, without the permission of his landlord. (§ 28.) By section 29, an oath, in writing, may be made by the landlord or other person named, "of the facts which, according to the preceding section, authorize the removal of a tenant," c. By the…

2Cases cited2 opinions

  1. Evertson v. SuttonNew York Supreme Court · 1830
  2. Sims v. HumphreyNew York Supreme Court · 1847

3Cited by17 opinions

  1. Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
  2. Benjamin v. . BenjaminNew York Court of Appeals · 1851
  3. DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
  4. Eells v. . MorseNew York Court of Appeals · 1913
  5. Cannon v. GordonAppellate Terms of the Supreme Court of New York · 1944

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