Simpson v. Rhinelanders
New York Supreme Court
Landlord and tenant. Proceedings were instituted by the Messrs. Rhinelanders against Simpson, under the act authorizing summary proceedings to recover the possession of land in certain cases, 2 R. S. 512, et seq. before an assistant justice of the city of Hew-York, the complainants alleging that Simpson was their tenant of certain premises, and that he held over without their permission, after having made default in the payment of rent.
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Landlord and tenant. Proceedings were instituted by the Messrs. Rhinelanders against Simpson, under the act authorizing summary proceedings to recover the possession of land in certain cases, 2 R. S. 512, et seq. before an assistant justice of the city of Hew-York, the complainants alleging that Simpson was their tenant of certain premises, and that he held over without their permission, after having made default in the payment of rent. The affidavit upon which the proceedings were instituted, was made by one E. GL Smith, who stated himself to be the agent of the landlords, and that Simpson…
1Opinion of the Court
By the Court, Co wen, J.
The return states not only the affidavits, process, &c., but all the evidence on both sides, with the charge to the jury and even the summing up of counsel. We are accordingly appealed to, as is usual upon such returns to re-try the issue which has been passed upon by the jury under the direction of the justice. Certain results are insisted upon as established by the evidence, which is detailed in the order of the witnesses, as it would have been on a case for a new trial, because the verdict was against the weight of evidence. In analogy to the proceedings by…
2Cases cited3 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Carlisle v. BakerSupreme Court of Pennsylvania · 1795
- Case of Spring Garden StreetSupreme Court of Pennsylvania · 1833
3Cited by8 opinions
- Basnet v. City of JacksonvilleSupreme Court of Florida · 1882
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
- Niblo v. Post's administratorsNew York Supreme Court · 1840
- Powers v. WittyNew York Court of Common Pleas · 1872
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