Armstrong v. Cummings
New York Supreme Court
Appeal from an injunction order restraining tbe defendant Ingersoll from issuing a warrant (in summary proceedings) to remove tbe plamtiff from certain premises, and restraining tbe defendant Cummings from taking any further steps to dispossess tbe plaintiff.
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Appeal from an injunction order restraining tbe defendant Ingersoll from issuing a warrant (in summary proceedings) to remove tbe plamtiff from certain premises, and restraining tbe defendant Cummings from taking any further steps to dispossess tbe plaintiff. On September 25, 1879, the appellant Cummings leased to tbe respondent Armstrong a furnished bouse, known as No. 149 West Forty-fifth street, New York city, for tbe term of one year, at tbe yearly rent of $1,500, payable monthly in advance. All of West Forty-fifth street is contained within tbe seventh judicial district in tbe city of…
1Opinion of the Court
Barrett, J.:
The present injunction was granted upon two grounds : First. That only the street and number (omitting the ward) were specified in the landlord's affidavit. Second. That furniture was included in the lease.
At the outset it is apparent that these questions could, and should properly, have been raised by certiorari. The statute expressly forbids any court or officer by any writ or order from staying or suspending such proceedings. There are an exceedingly limited class of cases where for fraud, surprise, or undue advantage, in the actual conduct of the proceedings., courts of equity…
2Cases cited2 opinions
- Fay v. HolloranNew York Supreme Court · 1861
- Harrington v. FergusonIndiana Supreme Court · 1827