Wands v. Robarge
New York County Courts
Appeal from what purports to be a judgment and final order in summary proceedings to recover possession of real property rendered by a justice of the peace of the town of Manlius, in the county of Onondaga, on the 6th day of May, 1898. The following petition was presented to the justice of the peace: “ To William Austin, Justice of the Peace of the town of Manlius, Onondaga county, N. T.: The petition of Mary A. Wands, by A. S. Wands, agent, of Fayetteville, town of Manlins,…
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Appeal from what purports to be a judgment and final order in summary proceedings to recover possession of real property rendered by a justice of the peace of the town of Manlius, in the county of Onondaga, on the 6th day of May, 1898. The following petition was presented to the justice of the peace: “ To William Austin, Justice of the Peace of the town of Manlius, Onondaga county, N. T.: The petition of Mary A. Wands, by A. S. Wands, agent, of Fayetteville, town of Manlins, county of Onondaga, N. T., shows that she is the ’owner of the following premises, situate in said town of Manlius,…
1Opinion of the CourtRoss, J.
It is claimed by the defendant that the proceedings ■ had before the justice conferred no jurisdiction upon him for the following reasons; That the petition was not verified as required . by law; that the description of the premises sought to be oh*275tained is insufficient; that the petition does not state facts to bring the case within any of the provisions'of the statute authorizing summary proceedings to récover possession of real property. It does not allege that the tenant is in default in payment of rent which has been demanded. Does not allege that the tenant is holding over after the…
2Cases cited7 opinions
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Striker v. MottNew York Supreme Court · 1831
- Farrington v. MorganNew York Supreme Court · 1838
- Schneider v. LeitzmanNew York Supreme Court · 1890
- Marchand v. HaberNew York Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dreyfus v. CarrollAppellate Terms of the Supreme Court of New York · 1899
- Cross & Brown Co. v. Ludin Realty Co.Appellate Terms of the Supreme Court of New York · 1915