Weller v. Kelly

The opinion of the court was delivered by Heher, J.

There was judgment for possession in favor of one claiming the status of landlord in a summary dispossession proceeding instituted in the District 'Court against the tenant of a dwelling house under R. S. 2:32-265; and the tenant has sued out a writ of certiorari, and now asserts want of jurisdiction in the District Court for failure to establish facts giving rise to the relation of landlord and tenant in the affidavit required by R. S. 2:32 — 266. The return to the writ reveals a special appearance by the defendant and a motion to dismiss…