Stearns v. Hemmens
New York Court of Common Pleas
Appeal from Second district court. John W. Stearns instituted against his tenants, John Hemmens and another, summary proceedings for possession of the leased premises, on the ground that the tenants kept a gambling-house thereon. Defendants appeal from a judgment for plaintiff.
1Per curiam
The only question reviewable upon this appeal is whether or not the judgment of the trial court was properly rendered, and upon sufficient evidence. The alleged issues of fraud and collusion or conspiracy find no place in this determination; and relief, therefore, must be sought in another tribunal.
The appellant, a tenant, was removed from the possession of the premises No. 50 Broadway at the instance of the respondent, the landlord, in pursuance of the following provision of the Code of Civil Procedure: “Sec. 2231. In either of the following cases a tenant or lessee at will, or at…
2Cases cited2 opinions
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
- Wottrich v. . FreemanNew York Court of Appeals · 1877
3Cited by3 opinions
- Broadway Central Securities Corp. v. Buchanan Restaurant Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Elmore v. BertiCity of New York Municipal Court · 1926
- Humane Society v. Joad Enterprises, Inc.Civil Court of the City of New York · 1970