Starkweather v. Seeley
New York Supreme Court
THIS case comes before the court by. virtue of a certiorari, directed to Hon. 'John 0. Chumasero, county judge of Monroe county, to review the proceedings instituted by Stark-weather before said judge, under the statute in relation to summary proceedings to recover the possession of land.
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THIS case comes before the court by. virtue of a certiorari, directed to Hon. 'John 0. Chumasero, county judge of Monroe county, to review the proceedings instituted by Stark-weather before said judge, under the statute in relation to summary proceedings to recover the possession of land. The case is this: On the 22d day' of July, 1865, Starkweather presented an affidavit to said judge, claiming that Isaac Seeley, or his assigns, held over and continued in possession of certain premises therein described, without his permission as landlord. Upon that affidavit the judge issued a' summons,…
1Opinion of the Court
By the Court, Johnson, J.
The defendant has not sued out the certiorari in this case, and does not, appear. For aught that appears, he acquiesces in the determination of *166the county judge in the proceedings before him, and such is the presumption of law. The certiorari is brought by one Silas Leonard, who was not a party to the proceedings before the county judge, and who, as appears from the case before us, had no notice of them whatever until he was dispossessed, by the officer who executed the warrant issued by the judge, of the premises, and the plaintiff put in possession. The proceedings…
2Cited by11 opinions
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- Croft v. KingNew York Court of Common Pleas · 1879
- Washington County Abstract Co. v. StewartIdaho Supreme Court · 1903
- Browning v. BryantNew York Supreme Court · 1942
- Kirby v. Circuit CourtSouth Dakota Supreme Court · 1897
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