People ex rel. Simpson v. Platt
New York Supreme Court
CERTIORARI to review proceedings had' before one of the justices of the district court of the city of New York, under the statute relative to “Summary proceedings- to recover the possession of land.” The grounds of objection to the proceedings are stated in the opinion of the court. ,
1Opinion of the Court
By the Court,
Leonard, P. J.
The proof is insufficient, in respect both to the service of -the summons, and the demand of the rent claimed to be due.
1. The summons was served on an under tenant, upon the demised premises, and the affidavit states that the tenant was absent from his last and usual residence. The statute requires, where the summons is not served on the tenant, that the service be by leaving a copy with a person of mature age residing at the last and usual residence of the tenant: and such service can be made only in case of absence of the tenant from such residence. If no such…
2Cited by4 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Sheldon v. TesteraAppellate Terms of the Supreme Court of New York · 1897
- Bristed v. HarrellAppellate Terms of the Supreme Court of New York · 1897
- Bristed v. HarrellAppellate Terms of the Supreme Court of New York · 1897