Armstrong v. Cummings
New York Supreme Court
Appeal from an injunction order restraining the defendant Ingersoll from issuing a warrant (in summary proceedings) to remove the plaintiff from certain premises, and restraining the defendant Cummings from taking any further steps to dispossess the plaintiff.
1Opinion of the CourtBarrett, J.
The present injunction was granted on two grounds: First, that only the street and number, omitting the ward, was specified in the landlord’s affidavit; second, that *332furniture was included in the lease. At the outset, it is apparent that this question could and should properly have been raised by certiorari. The statute expressly forbids any court or officer, by any writ or order, from staying or suspending such proceedings. There is an exceedingly limited class of cases where, for fraud, surprise or undue advantage in the actual conduct of the proceedings, courts of equity have interfered.…
2Cited by1 opinion
- In re the Estate of StricklandNew York Surrogate's Court · 1894