People ex rel. Allen v. Murray
The Superior Court of the City of New York and Buffalo
Proceedings in mandamus by the people of the state of New York, on the relation of Charles F. Allen, against Thomas E. Murray, as justice of the district court of the city of New York for the eleventh judicial district, to compel him to enter the proper order and issue the proper warrant in summary proceedings for the possession of leased premises. Peremptory mandamus granted.
1Opinion of the CourtMcADAM, J.
Assuming, for present purposes, that section 1382 of the consolidation act, (Laws 1882, c. 410,) relating to actions in the district courts, applies to summary proceedings, and that an appearance by the landlord on the return day is necessary to prevent a dismissal of his proceeding, we must inquire whether the appearance by Mr. Secor was not sufficient to satisfy all legal requirements. Mr. Secor was an attorney and counselor, admitted by the supreme court to practice law in all the courts of the state. In courts of record his authority would be presumed. Denton v. Noyes, 6 Johns. 295,…
2Cases cited8 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Sperry v. . ReynoldsNew York Court of Appeals · 1875
- Smith v. MooreSupreme Court of Connecticut · 1871
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3Cited by18 opinions
- Brusco v. BraunNew York Court of Appeals · 1994
- Brusco v. BraunAppellate Division of the Supreme Court of the State of New York · 1993
- Maxwell v. E. SimonsCivil Court of the City of New York · 1973
- Four Forty-One Holding Corp. v. BloomAppellate Terms of the Supreme Court of New York · 1933
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
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