Cook v. Staats
New York Supreme Court
This was a motion ‘to quash or supersede a certiorari. The writ was issued to remove summary proceedings, commenced before a justice of the peace, for the purpose of removing a tenant from possession.
1Opinion of the Court
By the Court, Marvin, P. J.
In August, 1853, Mrs. Staats, the landlord, made an affidavit for the purpose of commencing proceedings to remove Cook, her tenant, upon the ground that he held over without permission, after rent was due and unpaid. In her affidavit the words with permission were used, instead *408of without permission. The summons issued by the justice was in proper form, reciting that Mrs, Staats had made oath that Cook continued in possession without the permission of the landlord, <fcc. Cook was removed. In December, 1853, Cook made application for a certiorari, which was granted,…
2Cases cited1 opinion
- Lane & Laing v. Morse & StudleyNew York Supreme Court · 1852
3Cited by10 opinions
- Rogers v. . PellNew York Court of Appeals · 1898
- Saril v. PayneNew York Court of Common Pleas · 1889
- The ArcticDistrict Court, S.D. New York · 1884
- American Book Co. v. Watson, New York County Courts1898
- Leavitt v. ThorntonAppellate Division of the Supreme Court of the State of New York · 1908
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