Roach v. Cosine
New York Supreme Court
Landlord and tenant. Cosine instituted proceedings against Roach to remove him from certain premises in the city of New-York, on the allegation that Roach was his tenant, and held over beyond his term without permission. The proceedings were had under the statute regulating summary proceedings to recover the possession of land ; they were instituted on the 13th April, 1831, before one of the assistant justices of the first, second and third wards.
Read the full summary
Landlord and tenant. Cosine instituted proceedings against Roach to remove him from certain premises in the city of New-York, on the allegation that Roach was his tenant, and held over beyond his term without permission. The proceedings were had under the statute regulating summary proceedings to recover the possession of land ; they were instituted on the 13th April, 1831, before one of the assistant justices of the first, second and third wards. Roach objected to the jurisdiction of the justice, on the grounds that the premises were not situate in the first, second or third wards, and that…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is objected by the defendant in error preliminarily, that a certiorari in this case does not lie to the supreme court, but to the superior court of the city of New-York. The 24th section of the act of 1828, establishing the superior court, enacts that all writs of certiorari to the justices of the marine court and to the assistant justices of the said city, shall issue out of the superior court and be returnable therein in the same manner as was then practised in the supreme court, and that such writs should not thereafter issue out of, or be returnable in the…
2Cases cited1 opinion
- Evertson v. SuttonNew York Supreme Court · 1830
3Cited by36 opinions
- Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Holmes v. GrantNew York Court of Chancery · 1840
- Flint v. SheldonMassachusetts Supreme Judicial Court · 1816
31 more not listed; retrieve them via the Exa API.