Deuel v. Rust
New York Supreme Court
ÁPPEAL from a judgment of the county court of Dutchess county reversing the judgment of a justice’s court, in summary proceedings for the removal of the defendant from the possession of demised premises.
1Opinion of the Court
By the Court, Birdseye, J.
A more remarkable succession of errors than is exhibited in this case, it would be difficult to imagine. The affidavit of the plaintiff altogether fails to show, except by a mere implication, any of the facts authorizing the removal of the defendant from the premises. It *439cannot be gathered from the affidavit, whether the defendant was a tenant or lessee, at will or at sufferance, or for any part of a year, or for one or more years. And yet, unless he came within one or another of these descriptions, he could not be proceeded against under this statute. It does not…
2Cases cited1 opinion
- Cunningham v. GoeletNew York Supreme Court · 1847
3Cited by8 opinions
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Campbell v. MalloryNew York County Court, Yates County · 1861
- Burkhart v. Tucker, New York County Courts1899
- Hammond v. CarpenterNew York Supreme Court · 1865
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