Opalach v. Cebulah

This is an appeal by the tenant from a judgment for possession rendered by the Hoboken District Court in a proceeding underR.S. 2:32-265 et seq. The first question presented is what matters can be considered on the appeal. Prior to September 15, 1948, it was entirely clear, from the express terms of the statute, that such a judgment for possession was not appealable and could not be reviewed on certiorari save on the ground that the District Court lacked jurisdiction in the particular case.R.S. 2:32-273. Fowler v. Rowe, 25 N.J.L. 549 (Sup. Ct. 1856); Montalvo v. Levinston, 94 N.J.L. 87…