Van Vlaanderen Machine Co. v. Fox

The opinion of the court was delivered by

Swayze, J.

There are two insuperable objections in the way of the prosecutor: 1. The proceeding is a summary proceeding by a landlord to dispossess a tenant. The District Court act, like the Landlord and Tenant act, forbids an appeal or removal by certiorari. Comp. Stat., p. 1990, § 113; Comp. Stat., p. 3074, pi. 18g. The prohibition is absolute and forbids appeal or removal as well by landlord as by tenant- The tenant is protected by his right to bring an, action of trespass and to recover his damages. The landlord needs no review since there is no…