Legal Opinion

Smith v. Johnston

New York Supreme Court

Decided July 15, 1865PublishedCited by 4 opinions

Summary proceedings were commenced before a justice of the peace by the defendants -in error, to remove the plaintiff in error from premises occupied by him as their tenant, on the ground that he held over after the expiration ■ of his term. The tenant appeared on the return day of ' the summons, denied the material allegations of the defendants in error, and demanded a jury, whereupon the cause was adjourned by consent of the parties.

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Summary proceedings were commenced before a justice of the peace by the defendants -in error, to remove the plaintiff in error from premises occupied by him as their tenant, on the ground that he held over after the expiration ■ of his term. The tenant appeared on the return day of ' the summons, denied the material allegations of the defendants in error, and demanded a jury, whereupon the cause was adjourned by consent of the parties. At the adjourned day the tenant moved to set aside the precept for a jury and the panel of jurors summoned in pursuance thereof, on the ground that the persons…

1Opinion of the Court

By the court, Parker, P. J.

The defendants in error instituted summary proceedings before ,a justice of the peace tjnder the statute, to dispossess .the plaintiff in error of certain premises occupied by him as their tenant, which upon a trial by jury, resulted adversely to the plaintiff in error, and he brought the case into this court by certiorari. A return having been made to .the certiorari by the justice, a motion is now made for an order setting aside the return on various grounds,.and.directing a new one; or if it shall not be.set-aside, for the striking out of portions of it,.and for…

2Cases cited1 opinion

  1. Hunter v. GravesNew York Supreme Court · 1825

3Cited by4 opinions

  1. Young v. Conklin, New York County Courts1893
  2. Marsh v. PeckhamAppellate Division of the Supreme Court of the State of New York · 1935
  3. Pakas v. HurleyAppellate Terms of the Supreme Court of New York · 1908
  4. Van Slyke v. DisbrowNew York County Court, Otsego County · 1909

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