Steffens v. Earl
Supreme Court of New Jersey
On certiorari. This writ brings up the proceedings to eject Henry Steffens, a tenant, brought by John W. Earl, the landlord, taken in supposed conformity with that portion of the act constituting District Courts in certain cities in the state, which confers jurisdiction upon such courts over summary proceedings for the recovery of possession of rented premises. District Court act, § 123, Pamph.
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On certiorari. This writ brings up the proceedings to eject Henry Steffens, a tenant, brought by John W. Earl, the landlord, taken in supposed conformity with that portion of the act constituting District Courts in certain cities in the state, which confers jurisdiction upon such courts over summary proceedings for the recovery of possession of rented premises. District Court act, § 123, Pamph. L., 1877; Rev., p. 1300. The portion of the affidavit of the landlord upon which questions are now raised, is as follows: “ That in the month of April, in the year 1877, deponent leased said premises…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first objection urged against the judgment in this case is relative to the statement in the affidavit of the existence of the tenure. The statement in the affidavit is that “deponent leased'said premises to said Steffens by the month, to commence on the 1st of May last, at the monthly rent of $10.” It is said that this is merely the statement of a conclusion of law, and not a statement of such facts as will disclose to the court the existence of a tenancy, as a legal conclusion. In support of this position, the case of Fowler v. Roe, 1…
2Cases cited5 opinions
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Prindle v. AndersonNew York Supreme Court · 1838
- Ferguson v. Union Furnace Co.New York Supreme Court · 1832
- Seem v. McLeesIllinois Supreme Court · 1860
3Cited by13 opinions
- Harry's Village, Inc. v. Egg Harbor TownshipSupreme Court of New Jersey · 1982
- SDG v. Inventory Control Co.New Jersey Superior Court Appellate Division · 1981
- Gardens v. City of PassaicNew Jersey Superior Court Appellate Division · 1974
- Hertzberg v. SiegelNew Jersey Superior Court Appellate Division · 1950
- SKYLINE GARDENS, INC. v. McGarryNew Jersey Superior Court Appellate Division · 1952
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