Morris v. Hunken
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Morris, Jr., and another, executors of John Morris, deceased, from a judgment of the Municipal. Court of the city of New York for the first district of the borough of Brooklyn in favor of the defendants, dismissing the verified complaint of the plaintiffs, with costs, on motion of the defendants, no pleadings on their behalf being interposed.
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Appeal by the plaintiffs, John Morris, Jr., and another, executors of John Morris, deceased, from a judgment of the Municipal. Court of the city of New York for the first district of the borough of Brooklyn in favor of the defendants, dismissing the verified complaint of the plaintiffs, with costs, on motion of the defendants, no pleadings on their behalf being interposed. The notice of appeal served by the appellants stated that they appealed “to the Supreme Court of the State of New York,” and contained no reference to the Appellate Division.
1Opinion of the Court
Woodward, J.:
The plaintiffs in this action, as landlords, brought a summary proceeding against Frederick Glaser, tenant, for the possession of. certain ¡3remises in Brooklyn, and on or about the 18th day of: August, 1898, a final order or judgment was made, awarding possession to the plaintiffs. From this judgment Frederick Glaser appealed, the defendants,'it is alleged in the complaint, making and filing their written undertaking whereby they jointly and severally undertook in the sum of $175 that if judgment was rendered against the appellant and execution issued thereon was returned…
2Cases cited2 opinions
- Thompson v. . WhitmarshNew York Court of Appeals · 1885
- Montegriffo v. MustiNew York Court of Common Pleas · 1860
3Cited by4 opinions
- Rogers v. FineAppellate Terms of the Supreme Court of New York · 1906
- Carpenter v. PirnerAppellate Terms of the Supreme Court of New York · 1907
- Samuelson v. MayerAppellate Terms of the Supreme Court of New York · 1909
- Brows v. ReiterAppellate Terms of the Supreme Court of New York · 1906