Freeman v. . Ogden
New York Court of Appeals
The plaintiff in error, instituted proceedings in one of the district courts of the city of FTew York, for the purpose of removing the defendant from the possession of certain premises, occupied by him, on the ground that he held over, after the expiration of his term, without' permission of his landlord. The defendant in error, by affidavit, denied that .he held or occupied the premises, as the tenant of the plaintiff in error.
Read the full summary
The plaintiff in error, instituted proceedings in one of the district courts of the city of FTew York, for the purpose of removing the defendant from the possession of certain premises, occupied by him, on the ground that he held over, after the expiration of his term, without' permission of his landlord. The defendant in error, by affidavit, denied that .he held or occupied the premises, as the tenant of the plaintiff in error. Upon the trial of the issue thus formed, the District Court decided in favor of the plaintiff in error, and, under a warrant, issued pursuant to that decision, the…
1Opinion of the CourtDakiels, J.
Two points are made, on the part of the plaintiff in error, on which it is claimed, that the judgment of the Supreme Court should be reversed in this case. First: That the Supreme Court had no legal authority for examining and reversing the decision of the District Court, upon its merits. And, secondly, if it had, the conclusion it arrived at, was erroneous. The first of these objections, is answered by the language of the statute itself, which provides, that the Supreme Court may award a writ of certiorari in these cases, “ for the purpose of examining any adjudication,” made upon the…
2Cases cited3 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Mullins v. . the PeopleNew York Court of Appeals · 1862
- Pratt v. ComanNew York Court of Appeals · 1868
3Cited by6 opinions
- People v. . GilesNew York Court of Appeals · 1897
- Burkhart v. Tucker, New York County Courts1899
- First Nat. Bank of Columbus v. CoitMontana Supreme Court · 1927
- Sperling v. IsaacsNew York Court of Common Pleas · 1885
- McIntyre v. HernandezThe Superior Court of New York City · 1869
1 more not listed; retrieve them via the Exa API.