People ex rel. Clute v. Boardman
New York Court of Appeals
Charles E. Boardman and. others instituted summary proceedings, before the city judge of New York, against Garrett M. Clute and others, their tenants, to dispossess them from the demised premises, the Neptune Iron Works, for holding over after the alleged expiration of their term. On the return of the summons no one appeared for the defendants, and a warrant of dispossession was issued.
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Charles E. Boardman and. others instituted summary proceedings, before the city judge of New York, against Garrett M. Clute and others, their tenants, to dispossess them from the demised premises, the Neptune Iron Works, for holding over after the alleged expiration of their term. On the return of the summons no one appeared for the defendants, and a warrant of dispossession was issued. The supreme court, on a writ of certiorari brought by defendants in the name of the people, reviewed the proceedings, and affirmed them, and the relators appealed.
1Opinion of the CourtMasob, J.
This matter comes before this court on appeal from the judgment of the supreme court, rendered upon the return to that court to a writ of certiorari, brought to review summary proceedings had before the city judge of the city of ,New York, under the landlord and tenant act. The proceedings were affirmed, and the relator appealed therefrom to this court. The point is taken in limine, that an appeal to this court will not lie in such a case. Section 11 of the Code provides, that the court of appeals shall have exclusive jurisdiction to review, upon appeal, every actual determination made at the…
2Cases cited2 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- People ex rel. Harvey v. HeathNew York Supreme Court · 1860
3Cited by1 opinion
- In re Opening Hudson AvenueNew York Supreme Court · 1876