Legal Opinion

People ex rel. Allen v. Murray

The Superior Court of New York City

Decided January 19, 1893Published

Appeal from an order entered October 17, 1892, under which a peremptory mandamus was issued, requiring the appellant, as justice of the district court of the city of New York for the eleventh judicial district, to make a final order in summary proceedings and to issue a warrant for the possession of certain premises.

1Per curiam

The relator is the owner and landlord of premises No. 259 West Forty-seventh street, in the 11th judicial district in the city of New York. On the relator’s petition a precept was issued, requiring a tenant to remove from the premises, or show *539cause before tlie district court for said district, on the 30th day of September, 1892, why the possession of the said premises should not be delivered to the landlord. The petition and precept met the requirements of the statute in both form and substance; and the precept was duly served upon the tenant. The controversy arises over what occurred in the…

2Cases cited3 opinions

  1. Brown v. Mayor of New YorkNew York Court of Appeals · 1876
  2. Horton v. AuchmoodyNew York Supreme Court · 1831
  3. Ahrens v. BurkeNew York Court of Common Pleas · 1881

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