State v. Smith
Supreme Court of New Jersey
On certiorari. This writ brings up a judgment entered by a justice of the ¡peace, in a proceeding under the Landlord and Tenant act.
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On certiorari. This writ brings up a judgment entered by a justice of the ¡peace, in a proceeding under the Landlord and Tenant act. The affidavit filed with the justice set out that Minnie Blanche Moore was in possession of the premises- in question; that the •deponent, "William Bro Smith, let the said premises to said Minnie Blanche Moore, on June 1st, 1893, for one month .from said June 1st, at the rental of $1; that said Minnie Blanche Moore entered into possession by virtue of said agreement, and that said term expired on July 1st, 1893,, and that ¡she holds over and continues in…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first reason assigned for invalidating the judgment is that the affidavit is defective in failing to state •that the tenant held over and continued in possession without the permission of the landlord. The point made is that the ■continued occupancy from July 1st, 1893, when the term •under the lease expired, until October 17th, when the demand •of possession was made, raises a presumption that such occu*448pancy was with the permission of the landlord; that this presumption should have.been refuted by an express statement in the affidavit that…
2Cited by6 opinions
- Prather v. BrandonIndiana Court of Appeals · 1909
- Purtell v. FarrisSupreme Court of Georgia · 1912
- Xerox Corp. v. Listmark Computer SystemsNew Jersey Superior Court Appellate Division · 1976
- Guvernator v. KeninSupreme Court of New Jersey · 1901
- Kietrys v. CregarSupreme Court of New Jersey · 1945
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