Horn v. Klugman

Petitioner brings these proceedings under the statute (Code Civ. Pro. § 2231, subd. 2, amd. by Laws of 1920, chap. 139) to dispossess a monthly tenant for non-payment of rent. The decision in this proceeding is to govern six similar pcoceedings.

The amendment (Laws of 1920, chap. 139) has restricted the maintenance of summary proceedings under section 2231, subdivision 2, of the Code of Civil Procedure, as follows:

“ 2-a. No proceeding as prescribed in subdivision two of this section, shall be maintainable to recover the possession of real property in a city of the first class * * * occupied…